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Issue ID: 108002
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Penalty u/s 272 A(2)(c)

Date 12 Feb 2015
Replies 0 Replies
Views 1587 Views
Asked by
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)

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?

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