TaxTMI 
TaxTMI 
2022 (2) TMI 78
X X X X Extracts X X X X
X X X X Extracts X X X X
....e and in law, the Ld. CIT(A) has erred in holding that the amendment for extension of limitation period to 7 years from the end of the financial year was provided by the Finance Act, 2014 w.e.f. 01.10.2014. The assessee's case is covered by the pre-amended provision of section 201(3) of the Act and the order u/s 201 was supposed to be passed before the expiry of 2 years from the end of the relevant financial year. 2. On the facts and in the circumstances of the case and in law, the Ld. CIT(A) has erred in not deciding the issue whether the TDS on Common Area Maintenance charges was deductible u/s 194I and not u/s 194C as deducted by the assessee. 3. The appellant prays that the order of CIT(A) on the above grounds be set aside and t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....t. Therefore, the A.O issued show cause to the assessee to explain why not the tax was deducted @ 10% instead of 2% on the said payment made by the assessee company. The assessee had furnished the required detail and explained that it was not a payment for use of assets of the mall rather it was for maintenance of the mall. Therefore, TDS was made in accordance with provision of Sec. 194 of the Act and not Section 194(i) of the Act. The A.O had not accepted the submission of the assessee and stated that this payment was directly related to the rental activity, therefore, TDS was required to be made @ 10% as per the provisions of Sec. 194(1) of the Act and not Sec. 194(C) of the Act. Therefore, the A.O observed that there was a shortfall of ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 01.04.2010 read 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 whoel or any part of the tax from a person resident in India, at any time after the expirty of - 1. Two years from te end of the financial year in which the statement is file din case where the statemnt referred to in section 200 has been filed. 2. Six years from the end of the financial year in which payment is made or credit is given, in any other case." In this regard, we have also gone through the judicial pronoucements referred by the ld. Counsel in the case of Tata Teleservices Vs Union of India (2016) 385 ITR 497 (Guh HC) wherein it is held as under: "IT: Section 201(3)as amende....