TDS – Failure to deduct – Section 201(1), (1A), (3) – A. Y. 2008-09 – Notice and order deeming the assessee in default – Notice declared barred by limitation by court – Amendment extending period of limitation – AO has no power to issue notice afresh on the same basis

In respect of F. Y. 2007-08, the Dy. Commissioner had issued a notice u/s. 201 dated 17/02/2014 and thereafter passed an order pursuant to the notice. The assessee filed a writ petition and contended that under proviso to section 201(3) introduced w.e.f. 01/04/2010, an order can be passed at any time on or before 31/03/2011 and that the notice and the order were barred by limitation. The Court allowed the writ petition and held that the notice dated 17/02/2014 was barred in view of the provisions of section 201(3) as it then existed. Thereafter another notice was issued on 20/01/2015, to take advantage of the amended section 201(3) which was brought into effect from 01/10/2014 whereby the period of limitation had been extended to seven years.

The Delhi High Court allowed the assessee’s writ petition and held as under:

“The notice that was issued on 20/01/2015, was on the basis of the same information in respect of which the notice dated 17/02/2014 had been issued. Thus, those proceedings which had ended and attained finality with the passing of the order of the Court in the writ petition could not be sought to be revived. Even otherwise, in so far as the F. Y. 2007-08 is concerned, the period for completing the assessment u/s. 201(1)/201(1A) had expired on 31/03/2015. The impugned notice is set aside.”