TMI Blog2018 (3) TMI 1981X X X X Extracts X X X X X X X X Extracts X X X X ..... to 15.05.2012 was elapsed on 31.03.2014. We may also observe that the amendment in section 201 of the Act as amended by Finance Act No.2 (2014) came into force w.e.f. 20.05.2012. Therefore, the impugned notice and order u/s.201(1) in respect of the appeals under consideration have been clearly barred by limitation, therefore, same cannot be sustained in the light of the decision in case of M/s. Tata Tele Services vs. Union of India [ 2016 (2) TMI 414 - GUJARAT HIGH COURT] and M/s. Troikaa Pharmaceuticals Ltd. Vs. Union of India 2016 (3) TMI 285 - GUJARAT HIGH COURT] . It may also be noted that amendment made to section 201(3) by Finance Act 2014 is prospective in nature and is applicable from 01.10.2014 wherein, the time to pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Officer noticed that the assessee has wrongly allowed exemption u/s.10(5) of the Act on payment of LTC to employees who have travelled outside India and thus ought to have deducted TDS on such payment. Accordingly, an order u/s.201(1) r.w.s. 201(1A) of the Act was passed on 23.02.2015 for various quarter ending falling under the assessment year 2010-11, 2011-12 and 2012-13. 5. Being aggrieved, the assessee filed an appeal before the CIT(A) who has confirmed the action of the Assessing Officer on this issue. However, some part relief was allowed in respect of rate of deduction of TDS and rate of charging of interest. 6. Being aggrieved, assessee filed this appeal before us. 7. The ld. Counsel for the assessee took us through the pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 23.02.2015 3 2012-13 15.05.2012(Q4) PB-13 31.03.2014 23.02.2015 9. In the light of the above, it was submitted that the time for passing order u/s.201(1) of the Act has already expired in the aforesaid cases. Therefore, the order is barred by limitation and is bad in law in support of this contention, the ld. Counsel for the assessee also placed reliance in the case of Troikaa Pharmaceuticals Ltd. Vs. Union of India (2016) 68 taxmann.com 229 (Gujarat) wherein at para 7, it is held that for assessment year 2009-10, limitation for passing orders as per the provision of section 201(3)(i) of the Act, as prevailing at the relevant t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tood at the relevant time wherein it provided for a period of limitation of two years from the end of the Financial Year in which the statement was filed as referred under section 200. Their limitation for initiating action u/s.201(1) of the Act for the statement filed on 04.09.2010 has elapsed on 31.03.2013 whereas the time limitation for initiating action u/s.201(1) of the Act for the statement filed during period from 23.10.2010 to 15.05.2012 was elapsed on 31.03.2014. We may also observe that the amendment in section 201 of the Act as amended by Finance Act No.2 (2014) came into force w.e.f. 20.05.2012. Therefore, the impugned notice and order u/s.201(1) in respect of the appeals under consideration have been clearly barred by limitatio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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