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The AO observed that the assessee has failed to deduct TDS on an amount of Rs. 3,08,90,000/- lent by it to its shareholders which are covered under the provisions of sec. 2(22)(e) of the Act and consequently such deemed dividend is susceptible to TDS provision under s. 194 of the Act. The AO, in conclusion, held that the assessee is to be regarded as an ‘assessee in default’ for having failed to deduct TDS as obliged under s. 194 of the Act.

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Section 201(3) of the income tax Act, 1961 — TDS — Sub section (3) of section 201 was substituted by Finance (No.2) Act, 2014 with effect from October 1,2014 whereby the limitation period of passing an order treating the assessee as in default for failure to deduct tax at source has been extended to seven years from the financial year in which the payment is made or credit is given. Order treating the assessee in default under pre amended law was within the extended time limit as amendment extending time limit was only procedural—Income Tax Officer vs Shri Rang Infrastructure P. ltd [2019] 75 ITR (trib) 104 (Ahmedabad)

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