BANK OF INDIA, KIRKEE BRANCH,PUNE vs. INCOME-TAX OFFICER, (TDS) -1, PUNE

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ITA 893/PUN/2019Status: DisposedITAT Pune30 June 2021AY 2010-1110 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the AO's order was passed beyond the period of two years from the end of the financial year in which the last TDS statement was filed. The Tribunal further clarified that a subsequent amendment enlarging the limitation period cannot revive an already time-barred action.

What were the facts?

The assessee bank accepted deposits and was required to deduct TDS on interest payments. The Assessing Officer (AO) found short deduction and no deduction in some cases and passed an order treating the bank as an assessee in default. The AO's order was passed after the time limit prescribed under Section 201(3) of the Income Tax Act, 1961.

What were the issues?

Whether the order passed by the AO treating the assessee as an assessee in default was time-barred under Section 201(3) of the Income Tax Act, considering the relevant provisions at the time of filing of TDS statements and the subsequent amendment.

Which sections of the Income-tax Act were involved?

Section 201(1),Section 201(1A),Section 201(3),Section 194A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH, ‘A’ PUNE – VIRTUAL COURT

Before: SHRI R.S. SYAL & SHRI S.S. VISWANETHRA RAVI

For Appellant: Shri Vasudevan Iyer
For Respondent: Shri S.P. Walimbe

आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to:

1. 1. अपील र्थी / The Appellant; प्रत्यर्थी / The Respondent; 2.

3. The CIT(A), Pune-10 4. The CIT(TDS), Pune 5. DR, ITAT, ‘A’ Bench, Pune 6. ग र्ड फ ईल / Guard file.

आदेशानुसार/ BY ORDER, // True Copy // Senior Private Secretary आयकर अपीलीय अदिकरण ,पुणे / ITAT, Pune Date 1. Draft dictated on 29-06-2021 Sr.PS 2. Draft placed before author 30-06-2021 Sr.PS 3. Draft proposed & placed before JM the second member 4. Draft discussed/approved by JM Second Member. 5. Approved Draft comes to the Sr.PS Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *

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