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Section 201 of the Income-tax Act, 1961 - Deduction of tax at source - Consequence of failure to deduct or pay - Assessment year 2002-03 Proceedings under section 201 and 201(1A), initiated after period of four years from end of financial year in question, were barred by limitation [In favour of assessee] It is clear from the decision in the case of CIT v. NHK Japan Broadcasting Corpn. [2008] 305 ITR 137 (Delhi), that the proceedings under section 201/201(1A), can be initiated only within three years from the end of the assessment year or within four years from the end of the relevant financial year. Thus, the proceedings under section 201 and 201(1A) initiated after the period of four years from the end of the financial year in question were barred by limitation. CASES REFERRED TO State of Punjab v. Bhatinda District Co-op. Milk Producers Union Ltd.[2007] 9 RC 637; 11 SCC 363 (para 4) and CIT v. NHK Japan Broadcasting Corporation [2008] 305 ITR 137(Delhi) (paras 3, 4). Ms. Rashmi Chopra for the Appellant. Salil Kapoor, Sanat Kapoor,Ankit Gupta, Achin Goel and Ms. Swati Gupta for the Respondent. JUDGMENT Badar Durrez Ahmed, J. - These appeals filed by the Revenue arise out of a common order dated March 5, 2009, passed by the Income-tax Appellate Tribunal in the appeal filed by the Revenue and the cross-objections preferred by the respondent/assessee. 2. In the said cross-objections, the respondent/assessee raised the preliminary issue of limitation inasmuch as the proceedings under sections 201 and 201(1A) were initiated after the period of four years from end of the financial year in question had elapsed. 3. The Tribunal, following the decision of this court in the case of CIT v.NHK Japan Broadcasting Corporation [2008] 305 ITR 137agreed with the contention of the assessee and held the proceedings to be barred by time. Consequently, the cross-objections were allowed and the Revenue's appeal was dismissed. The Revenue aggrieved by the Tribunal's decision is in appeal before us by way of the present appeals. 4. We have examined the impugned decision as well as the decision of this court in the case of NHK Japan Broadcasting Corporation [2008] 305 ITR 137,…

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