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2016 (6) TMI 335 - GUJARAT HIGH COURT

2016 (6) TMI 335 - GUJARAT HIGH COURT - TMI - Limitation for initiating proceedings under section 201(1) - TDS liability - period of limitation - Held that:- The present case relates to financial year 2008-2009. The petitioner had filed statements as required under section 200 of the Act. The limitation for initiating proceedings under section 201(1) of the Act would, therefore, be governed by section 201(3)(i) of the Act as it stood at the relevant time which provided for a period of limitation .....

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Decided in favour of assessee - SPECIAL CIVIL APPLICATION NO. 10232 of 2015 - Dated:- 23-2-2016 - MS. HARSHA DEVANI & MR. G.R.UDHWANI JJ. For the Appellant: Mr RK Patel, Advocate For the Respondent: Mrs. Mauna M Bhatt, Sr. Standing Counsel ORAL JUDGMENT (PER : MS. HARSHA DEVANI) 1. Rule. Mrs. Mauna Bhatt, learned senior standing counsel waives service of notice of rule on behalf of the respondent. 2. This petition under Arti .....

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usiness of development of infrastructure facility on BOT basis. It is the case of the petitioner that it is regularly filing income-tax returns and complying with the provisions in respect of TDS. In February, 2011, the then Assessing Officer issued a showcause notice calling upon the petitioner to explain, amongst other issues, as to why no tax had been deducted at source from the payment of ₹ 70,00,00,000/- made by it to MSRDC and also to show cause as to why the company should not be tr .....

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, 2012. Thereafter, no further queries were raised from March, 2013 to February, 2015. Thereafter, the present Assessing Officer issued a show-cause notice on 18th March, 2015 for alleged non-deduction of tax at source for the above-mentioned payment. The petitioner filed two detailed written submissions in response thereto. The details of the transactions were that the transaction towards upfront fees was taken on 30th September, 2009; the assessee had filed the TDS return for the qu .....

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₹ 6,70,80,235/- from the payment of ₹ 70,00,00,000/- made to MSRDC for and on behalf of the Government of Maharashtra. The Assessing Officer also charged interest under section 201(1A) for a sum of ₹ 5,89,25,714/- and raised a demand of ₹ 12,60,65,949/-. Being aggrieved, the petitioner has filed the present petition challenging the impugned notices under section 201 of the Act as well as all proceedings pursuant thereto. 4. Mr. R.K. Patel, learned ad .....

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e assessee and hence, the proceedings would become barred by limitation under section 201(3)(i) of the Act. It was submitted that the present case relates to assessment year 2009-2010 and the corresponding accounting period would be financial year 2008-2009. Therefore, the period of limitation for taking action under section 201 of the Act expired on 31st March, 2012. The above decision would be squarely applicable to the facts of the present case and that the impugned notices being barred by li .....

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erved thus:- 15.00. Considering the law laid down by the Hon ble Supreme Court in the aforesaid decisions, to the facts of the case on hand and more particularly considering the fact that while amending section 201 by Finance Act, 2014, it has been specifically mentioned that the same shall be applicable w.e.f. 1/10/2014 and even considering the fact that proceedings for F.Y.2007-08 and 2008-09 had become time barred and/or for the aforesaid financial years, limitation under section 2 .....

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