9911796707
TMI Blog2021 (7) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... donation application has been filed. We are satisfied with the reasons for the delay. Such a delay is condoned and the appeal is admitted for disposal. 3. The factual matrix of the case is that assessee-bank accepted deposits from its customers, on which tax was deductible at source u/s 194A of the Act. The assessee furnished TDS statements in respect of the four quarters ending on 30.6.2009, 30.9.2009, 31.12.2009 and 31.3.2010 on 21.7.2009, 29.10.2009, 15.01.2010 and 3.5.2010 respectively. The AO found certain anomalies therein and observed that in some cases there was no deduction of tax, whilst in others there was short deduction of tax on interest payments. He passed the order dated 27.3.2017 u/s 201(1) read with section 201(1A) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing of an order u/s 201(1) was inserted through sub-section (3) by the Finance (No.2) Act, 2009 w.e.f. 1.4.2010, reading as under: `(3) No order shall be made under sub-section (1) deeming a person to be an assessee in default for failure to deduct the whole or any part of the tax from a person resident in India, at any time after the expiry of- (i) two years from the end of the financial year in which the statement is filed in a case where the statement referred to in section 200 has been filed; (ii) .... Provided that such order for a financial year commencing on or before the 1st day of April, 2007, may be passed at any time on or before the 31st day of March, 2011.' 6. The assessment year under consideration is 2010-11. Sub- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t year under consideration, only a period of two years from the end of the financial year in which the TDS Statement was filed, was available with the AO for passing of the order. Once the action of the AO got time barred w.r.t. the relevant provisions as applicable at the material time, such an expired time limit does not get revived with the extended time limit inserted later on. When the substituted provision came into force on 1.10.2014, the time available with the AO for passing of the order for the year under consideration had already expired. Even though limitation is a procedural law, but the subsequent amendment enlarging the scope of limitation prospectively, cannot give a new lease of life to an already time barred action. 9. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... suitable case. 10. There is one more reason to fortify our conclusion that the time limit for the passing of the order is to be considered w.r.t. the law relevant when the TDS Statements for the financial year are filed and not as contended by the ld. DR that when the AO proceeds to pass the order. This is borne out from the proviso to section 201(3) of the Act as inserted w.e.f. 1.4.2010, which states that: `Provided that such order for a financial year commencing on or before the 1st day of April, 2007, may be passed at any time on or before the 31st day of March, 2011.' It clearly emerges from a perusal of the proviso that an order for the financial year 2007-08 or an earlier year is obligated to be passed on or before 31.3.2011. The de ..... X X X X Extracts X X X X X X X X Extracts X X X X
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