2007 (8) TMI 735 - HC - Income Tax

Delhi High Court Affirms 10% TDS Penalty Reduction

Commissioner of Income-tax (TDS) Delhi-XVII Versus Global Infosystems Ltd.

The High Court of Delhi upheld the decision of the Income-tax Appellate Tribunal to reduce the penalty imposed on the assessee for failure to deposit TDS ... - Issues involved: Determination of penalty u/s 221 of the Income-tax Act, 1961 for failure to deposit TDS.Summary:The High Court of Delhi heard an appeal by the revenue against an order of the Income-tax Appellate Tribunal regarding the quantum of penalty for the assessee's failure to deposit TDS for the financial years 2001-02 and 2002-03. The Assessing Officer initially imposed a 100% penalty u/s 221, citing lack of a valid explanation from the assessee. However, the Commissioner of Income-tax (Appeals) reduced the penalty to 10% of the total tax, a decision upheld by the Tribunal. The revenue approached the High Court u/s 260A of the Income-tax Act, 1961 challenging this reduction.Upon review, the High Court found that the assessee had cooperated with the Income-tax Department during the proceedings u/s 201(1) and 201(1A) of the Act, and had eventually deposited the tax due, albeit with some delay, marking the first default by the assessee. Citing precedents from the Gauhati High Court and the Kerala High Court, the High Court emphasized that the discretion to impose penalties should be exercised judiciously, reserving the maximum penalty for exceptional cases of contumacious behavior.Ultimately, the High Court concluded that the Commissioner and the Tribunal had not erred in imposing a 10% penalty, as there were no special reasons necessitating the maximum penalty. The authorities were deemed to have acted in accordance with the law and no substantial question of law was found to arise. The appeal was dismissed.