2017 (10) TMI 682

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....ums Drugs & Pharmaceuticals Ltd. (hereinafter referred to as 'the assessee company'), by filing the present appeal, sought to set aside the impugned order dated 01.10.2015 passed by the Commissioner of Income-tax (Appeals)-35, New Delhi qua the assessment years 2008-09 & 2009-10 on the grounds inter alia that :- ASSESSMENT YEAR : 2008-09 "1. That on the facts and circumstances of the case and the provision of law the Ld. CIT (A) has failed to appreciate that the penalty order passed u/s 271C of the Income Tax Act, 1961 by the JCIT is illegal and bad in law. 2. That on the facts and circumstances of the case and the provision of law the Ld. CIT (A) has erred in sustaining penalty of Rs. 72,959/- under section 271C of the Income Tax A....

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.... the assessee company has come up before the Tribunal by way of challenging the impugned order passed by ld. CIT (A). 5. We have heard the ld. Authorized Representatives of the parties to the appeal, gone through the documents relied upon and orders passed by the revenue authorities below in the light of the facts and circumstances of the case. 6. Undisputedly, assessee company has not deducted and deposited the TDS to the tune of Rs. 72,959/- for AY 2008-09 u/s 194C & 194J. Similarly, assessee company has also not deducted TDS for Rs. 49,996/- for AY 2009-10 respectively u/s 194C, 194J & 194I. Assessee company has taken defence for non-deducting and non-depositing the TDS as clerical error which was subsequently noticed by tax auditors a....