2000 (12) TMI 237

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....the sake of convenience. 2. ITA No. 642(Jp)/94 is an appeal by assessee while ITA No. 694(Jp)/94 is appeal by Revenue, both for asst. yr. 1989-90 and are directed against the same order of CIT(A) Ajmer, dt. 24th Jan., 1994. The assessee is aggrieved against the non-cancellation of penalty, though restricted to the amount of the TDS liability and the Revenue is aggrieved against the reduction of q....

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....urn was inserted in s. 206 by the Finance (No. 2) Act, 1991, w.e.f. 27th Sept., 1991. He has contended that the time-limit provided in r. 37 was in excess of the power of rule-making authority and so the rule to that extent can be ignored. He has cited Ginners & Pressers Ltd. vs. Dy. CIT (1994) 47 TTJ (Bom) 393. (1993) 46 ITD 185 (Bom), ITO vs. Alhusain Construction (P) Ltd. (1999) 64 TTJ (Mumbai)....

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.... considered the rival contentions, the relevant material on record as also the cited decisions. As regards the period prescribed under r. 37 being not applicable for furnishing of TDS return in asst. yr. 1989-90 we find the contention of the learned authorised representative of assessee to be quite weighty and in view of the decision of Bombay Tribunal, reported in (1994) 47 TTJ (Bom) 395 : (1993)....