The assessee had paid freight of ₹ 9,00,000/- in Fy 2011-12.PAN was received from transporter, hence no TDS was deductible.
However, the details of transporter were not furnished with TDS return, which attracted penalty u/s 272 A(2)(c). But penalty in this case is ₹ 100 per day for which default continues maximum upto TDS liability. TDS liability in this case is NIL. So, what will be the penalty amount leviable?
Penalty for non-furnishing of deductee details: assess interplay between daily penalty and a nil TDS liability. The assessee obtained the transporter's PAN so no TDS was deductible, but failed to furnish transporter details in the TDS return, attracting penalty u/s 272 A(2)(c), which is prescribed as a daily amount subject to a maximum tied to the TDS liability; the central question is what penalty is leviable where the TDS liability is nil. (AI Summary)