2008 (6) TMI 333

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....urt was delivered by 1. F. I. REBELLO J.—The Revenue has preferred this appeal against the order of the Income-tax Appellate Tribunal dated May 7, 2007, whereby the appeal preferred by the Revenue has been dismissed and the order of the Commissioner (Appeals) has been upheld. 2. The Commissioner (Appeals) vide his reasoned order set aside the penalty levied under section 272A(2)(g) of the ....

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....of the Income-tax Act?" 4. The other question framed, in our opinion, need not be answered as answering the question framed would dispose of the appeal. 5. Section 272A(2)(g) reads as under: "272.A. (1) If any person ….. (2) If any person fails—… (g) to furnish a certificate as required by section 203 (or section 206C) ; or … he shall pay, by way of penalty, a sum of one ....

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....o the person to whose account such credit is given or to whom such payment is made or the cheque or warrant is issued, a certificate to the effect that tax has been deducted, and specifying the amount so deducted, the rate at which the tax has been deducted and such other particulars as may be prescribed. (emphasis supplied). (2) Every person, being an employer, referred to in sub-section (1A) ....

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....le (1) shall be issued within a week after the expiry of two months from the month income is so credited. We are not concerned with the further provisos. 9. As noted earlier and on the finding of fact recorded by the authorities below, on the tax being deducted and deposited with the Government treasury, the TDS certificates were sent to the persons entitled to by speed post on the very next da....