Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

TDS Demand Deleted as Section 201 Proceedings Filed Beyond Limitation: ITAT Delhi

Case Law Details

TaxGuru Citation
2025 taxguru.in 12486
Case Name
TO CUM PDO Panchkula Vs ITO TDS (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2015-16
Advertisement

TO CUM PDO Panchkula Vs ITO TDS (ITAT Delhi)

Time-Bar Kills 201 Proceedings: ITAT Delhi Quashes TDS Demand on Treasury Office- Date of Knowledge Irrelevant: Delay Fatal to 201(1) Action, Demand Deleted

Assessee, a Government Treasury Office under Haryana Govt., was treated as assessee-in-default u/s 201(1) & 201(1A) following a survey u/s 133A(2A) on 04.02.2020. AO passed order dated 11.03.2022 for AY 2016-17 determining alleged short deduction of ₹7,49,749 & interest of ₹26,17,555. CIT(A) dismissed the appeal ex-parte without considering assessee’s submissions, despite issuing a notice erroneously referring to wrong AY (2015-16). Assessee argued that deductions were system-generated through govt. software, pensioners had already paid tax, & therefore no revenue loss occurred. Assessee also relied on Hindustan Coca Cola (SC).

Before Tribunal, assessee contended that the proceedings were time-barred, relying on NHK Japan Broadcasting Corporation (Delhi HC) which held that action u/s 201(1) must be initiated within 4 years of the alleged default, as the provision is drastic & must align with the limitation principles laid down in Bhatinda District Co-op Milk Producers Union Ltd (SC).

Tribunal noted that order u/s 201(1)/201(1A) dated 11.03.2022 pertained to AY 2016-17; therefore initiation was clearly beyond 4-year limit prescribed by Delhi HC. Tribunal also recorded that date of knowledge is irrelevant for limitation in 201 proceedings (as held in NHK Japan). Consequently, the order was invalid, barred by limitation, & not permissible in law. Tribunal set aside the 201(1)/201(1A) order & directed AO to delete entire demand. Appeal allowed.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,019

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.