2005 (2) TMI 26

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.... J.-The decision rendered in this appeal shall govern disposal of the other connected appeal being I.T.A. No. 62 of 1999, as both these appeals are filed against the same respondent/assessee and secondly, both the appeals involve identical point. This is an appeal filed by the Commissioner of Income-tax under section 260A of the Income-tax Act against an order dated February 24, 1999, passed by....

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....of section 203 speak of a person deducting tax in accordance with the provisions of section 194C? 3. Whether, on the facts and in the circumstances of the case, the hon'ble Tribunal was justified in law in holding that the provisions of section 204 read with section 2(35) of the Act were not attracted even when the person as stated in section 203 of the Income-tax Act has to be defined with ref....

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....e-tax (Appeals), a case for imposition of penalty is made out whereas in the opinion of the Tribunal it was not and hence, the order imposing penalty was set aside giving rise to filing of this appeal by the Commissioner of Income-tax, i.e., the Revenue. It is not in dispute that the assessee had collected/deducted the tax properly but there was some delay (few days) in issuing the certificate ....

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....he Tribunal which is now impugned in this appeal by the Revenue. We find no fault in the impugned order of the Tribunal, when it was held by the Tribunal that the explanation offered by the assessee is bona fide, genuine and sufficient to set aside the penalty. It is a clear case where no loss was occasioned to the Revenue due to some delay in issuing the certificate in favour of a person from ....