Case Law Details
ITO Vs Bata India Ltd. (ITAT Kolkata)
There is no dispute on the basic fact that the Assessing Officer’s order herein dated 10.06.2009 passed u/s 201(1A) r.w.s. 195 of the Act has raised interest payment in issue of ₹1,02,545/- for the reason that it failed to pay the TDS deducted on royalty payments to the tune of ₹41,01,800/- on time. The CIT(A) has invoked Section 201(3)(ii) of the Act and holds that the assessee’s impugned default had been committed in FY 2002-03 and the Assessing Officer’s notice stood issued on 03.04.2009, the proceedings initiated herein are barred by limitation since instituted beyond a period of six years from the end of the relevant financial year. Learned authorised representative is very very fair in stating that the assessee herein is not an Indian resident so as to be covered under the foregoing statutory provision describing limitation in initiation of the impugned proceedings. We therefore reverse the CIT(A)’s action holding the impugned proceedings as time barred. The Assessing Officer’s order dated 10.06.2009 stands restored as a necessary corollary. The Revenue’s appeal ITA 914/Kol/2017 is allowed.
FULL TEXT OF THE ITAT JUDGEMENT
This Revenue’s Miscellaneous Application filed u/s 254(2) of the Income Tax Act, 1961 (in short the ‘Act’) seeks to recall the tribunal’s order dated 28.03.2019 declining the main appeal ITA 914/Kol/2017 for involving lower than the prescribed tax effect of ₹50 lakhs as per the CBDT Circular No. 17/2019 dated 08.08.2019.
Heard both the parties. Case file(s) perused.
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