TaxTMI 
TaxTMI 
2022 (8) TMI 746
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....0 in ITA no 1262 and ITA no 1297 respectively for the assessment year 2011-12 passed by Commissioner of Income Tax (Appeals)-1, New Delhi (hereinafter referred to as the First Appellate Authority in short 'Ld. F.A.A.') in regard to the appeal before it arising out of assessment order dated 31.03.2018 in ITA No. 1262 and assessment order dated 30.3.18 in ITA nos. 1261 and 1297, passed u/s 201(1) / 201(1A) of the Income Tax Act, 1961 passed by ACIT, TDS, Noida New Delhi (hereinafter referred to as the Assessing Officer 'AO'). As the raise common grounds so same are taken up together for adjudication. 2. The facts in brief are a spot verification u/s 133A of the Act was conducted at the business premises of the appellant to examine as to wh....
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....as incurred for travel of the individual employee or his family members to anti place in India. Section 10(5), read with rule 2B no way provides that assessee is at liberty to claim exemption out of his total ticket package spent on his overseas travel and part of journey within India. Therefore, LTC/LFC paid by assessee to employees involving foreign travel as well would not qualify for exemption under section 10 (5) and, accordingly, the bank was liable to deduct TDS on such payments of LTC/LFC. An important point to note is that the exemption is available for the amount incurred by the shortest route to the place of destination. If the travel is for a circuitous route, then the exemption will be available for the farthest destin....
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.... interest u/s 201(1A) of Rs. 1,91,349/-. 5. That the appellants request be allowed to add, modify and delete any other ground (s) of appeal." 6. Heard and perused the record. 7. Primarily, the contention of Ld. Counsel for the assessee is that the order of assessment passed is beyond jurisdiction of the AO on account of being passed after prescribed period of limitation. It was submitted that the appellant was served notices u/s 201(1) in January, 2018 in connection with TDS proceedings pertaining to F.Y. 2010-11. It was submitted that Section 201(3) inserted vide Finance (No. 2) Act, 2009 with effect from 01.04.2010 provided limitation of 2 years from the end of Financial year in which TDS statement is filed and 4 years from....
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.... 7.2 Relying a coordinate bench order dated 3/8/22 in ITA 2615 and 2616 it was submitted that issue is now covered in favour of assessee. 7.2 On the other hand, Ld. DR supported the findings of Ld. Tax Authorities below Ld. DR while tried to distinguish the facts of the case by contention that part two of section 201(3) of Act is applicable as it is a case of not filling return of TDS. It was also submitted that present case cannot be said to be covered as CIT(A) has taken into consideration amended provisions on the basis of date of filing of statements. 8. Appreciating the mater on record, at the outset it can be appreciated that Ld CIT(A) has fallen in factual error in mentioning wrong dates of filing statement and thereby holdi....
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....nd/or for the aforesaid financial years, limitation under section 201 (3)(i) of the Act had already expired on 31/3/2011 and 31/3/2012. respectively, much prior to the amendment in section 201 as amended by Finance Act, 2014 and therefore, as such a right has been accrued in favour of the assessee and considering the fact that wherever legislature wanted to give retrospective effect so specifically provided while amending section 201(3) (ii) of the Act as was amended by Finance Act, 2012 with retrospective effect from 1/4/2010, it is to be held that section 201(3), as amended by Finance Act No.2 of 2014 shall not be applicable retrospectively and therefore, no order under section 201(i) of the Act can be passed for which limitation had alre....