TaxTMI 
TaxTMI 
2018 (3) TMI 1096
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....hearing. 2. The ground of appeal No.1 raised by the assessee in the appeal reads as under:- "On the facts and circumstances of the case and in law, the learned Commissioner of Income Tax Appeals - V, Pune ('learned CIT (A)') has erred in passing the order under section 250 of the Income Tax Act, 1961 ('Act'), confirming the order passed by the Deputy Commissioner of Income Tax, TDS-1, Pune ('learned TDS Officer') under section 201 of the Act, wherein it has been held that the Appellant is liable to deduct tax at source on discount extended to its distributors of pre-paid SIM cards and talktime (by way of recharge vouchers, e-top up, etc.). Each of the ground is referred to separately, which may kindly be consid....
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....ributors. The explanation of assessee was that sale to the distributors was at MRP less trading margin and there was no commission being paid. The Assessing Officer however, held the assessee to be in default for not deducting tax at source out of discount allowed to the distributors, which fell within provisions of section 194H of the Act. The Assessing Officer raised demand under section 201(1) of the Act and also charged interest under section 201(1A) of the Act, which was confirmed by the CIT(A). 5. The assessee is aggrieved by the aforesaid orders of authorities below. 6. The learned Authorized Representative for the assessee in this regard pointed out that as per provisions of section 201(3) of the Act at the relevant time, the orde....
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...., wherein period of seven years is provided and the Memo explains the existing law and covers the anomaly in the Act. The learned Authorized Representative for the assessee also placed on record the copy of order of Kolkata Bench of Tribunal with lead order in the case of Vodafone East Ltd. Vs. DCIT in ITA Nos.1499-1502/Kol/2015, relating to assessment years 2010-11 & 2011-12, consolidated order dated 26.10.2017. 7. The learned Departmental Representative for the Revenue on the other hand, placed reliance on the observations of Tribunal in para 37 and also the order of CIT(A) with special reference to para 9. 8. We have heard the rival contentions and perused the record. The issue raised by way of ground of appeal No.1 is placed for adjud....
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....e expiry of - (i) two years from the end of the financial year in which the statement is filed in a case where the statement referred to in section 200 has been filed; (ii) six years from the end of the financial year in which payment is made or credit is given, in any other case: Provided that such order for a financial year commencing on or before the 1st day of April 2007 may be passed at any time on or before the 31st day of March, 2011." 11. The scheme of the Act provided that no order under section 201(1) of the Act shall be passed after expiry of two years from the end of financial year in which TDS statement had been filed. The assessee in the present case had filed the first TDS return for the first quarter on 19.07.2008....