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Hathway Cable and Datacome Limited Versus The Tax Recovery Officer (TDS) -1, Mumbai

2016 (6) TMI 373 - ITAT MUMBAI

Period of limitation u/s 201(1)/201(1A) for passing an order - TDS u/s 194C - non deduction of tds on the expenditure incurred as “Pay Channel Cost” - demand raised u/s. 201(1) and interest charged u/s. 201(1A) - Held that:- The proceedings initiated u/s 201(1)/201(1A) should be completed within one year from the end of the financial year in which proceedings u/s 201(1)/201(1A) were initiated. Admittedly, in the instant case, the assessing officer has passed the orders after expiry of eight year .....

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the assessee is directed against the order dated 20.12.2013 passed by learned CIT(A)-14, Mumbai. 2. Grounds of appeal relate to the demand raised u/s. 201(1) and interest charged u/s. 201(1A) of the Act. 3. The assessee has also raised a ground urging that the order passed by the Assessing Officer is barred by limitation. 4. The facts relating to the relating to limitation are discussed in brief. The revenue carried out a Survey operation u/s. 133A of the Act in a group concern of the assessee .....

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the assessee on 23.9.2003 and the same was served upon the assessee on 24.09.2003. Finally the AO (here TRO(TDS) ) passed order on 28.3.2011 raising demand u/s 201(1) and charging interest u/s 201(1A) of the Act. The Ld CIT(A) also confirmed the order of the AO on majority of the issues, but gave partial relief with regard to the period for computing interest u/s 201(1A) of the Act. 5. In the appeal filed before us challenging the order passed by Ld CIT(A), the assessee has urged a legal issue b .....

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e Income tax Act does not prescribe any time limit for initiation of proceedings u/s 201(1) and also for passing order after initiation of proceedings. 6. The Ld A.R relied on the decision rendered by the jurisdictional Hon ble Bombay High Court rendered in the case of DIT Vs. Mahindra and Mahindra Ltd (2014)(365 ITR 560). The above said decision has been rendered by the Hon ble High Court on the appeal filed by the revenue challenging the decision rendered by the Special bench. The Special benc .....

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