2017 (6) TMI 540

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....s levied u/s. 271C of the Act. 3. Briefly stated the facts of the case are that during the course of a survey operation conducted u/s. 133A of the Act for the verification of tax deducted at source. It was noticed that the assessee has made several payments where short deduction of TDS was found. 4. Taking a leaf out of this short deduction of tax penalty proceedings u/s. 271C were initiated alleging that the assessee defaulted in deducting tax at source and, therefore, is liable for the penalty. 5. Assessee strongly objected to the proposed levy of penalty stating that it was under a bona fide belief that provisions of section 194C applied on the impugned payments and have deducted tax at source accordingly. It was argued that mer....

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....rjun Infrastructure Pvt. Ltd. for material handling. Sec. 194C was applicable and TDS was made under that section. Sec. 1941 was applicable to the impugned payment. 2 4,898/- Amount paid to Venu electrical & System for filtration of transformers. Sec. 194C was applicable and TDS was made under that section. Sec. 194J was applicable to the impugned payment. 3 29,738/- Amount paid to V- electrical for maintenance of gas analyser. Sec. 194C was applicable and TDS was made under that section. Sec. 194J was applicable to the impugned payment. 4 8,330/- Amount paid for pest control. Sec. 194C was applicable and TD....