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    <title>1995 (5) TMI 97 - ITAT PUNE</title>
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    <description>The Tribunal was divided on the issue of penalties for a registered firm when tax deducted at source exceeds the tax payable. The Judicial Member favored no penalty if TDS exceeded tax payable, citing Supreme Court precedent. However, the Accountant Member upheld the Bombay High Court&#039;s view that penalties should be calculated as if the firm were unregistered. The Third Member sided with the Accountant Member, emphasizing the binding nature of Bombay High Court decisions. Ultimately, penalties imposed by the ITO were confirmed.</description>
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      <title>1995 (5) TMI 97 - ITAT PUNE</title>
      <link>https://www.taxtmi.com/caselaws?id=71673</link>
      <description>The Tribunal was divided on the issue of penalties for a registered firm when tax deducted at source exceeds the tax payable. The Judicial Member favored no penalty if TDS exceeded tax payable, citing Supreme Court precedent. However, the Accountant Member upheld the Bombay High Court&#039;s view that penalties should be calculated as if the firm were unregistered. The Third Member sided with the Accountant Member, emphasizing the binding nature of Bombay High Court decisions. Ultimately, penalties imposed by the ITO were confirmed.</description>
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