2017 (11) TMI 907

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.... Per Waseem Ahmed, Accountant Member:- This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-24, Kolkata dated 30.12.2015. Assessment was framed by ITO Ward-58(3)/TDS, Kolkata u/s 201(1)/201(1A) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') vide his order dated 26.12.2009 for assessment year 2009-10. Penalty levied by JCIT(TDS), ....

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....e Act but it failed to comply the same. Therefore, the penalty proceedings u/s 271C of the Act was initiated by the AO. However, the assessee during penalty proceedings before the AO submitted that subsequently it has deducted the amount of TDS and deposited the same to the Government Exchequer. But in this process the delay occurred due to negligence and unawareness of the provision of law. Howev....

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.... failure to deduct tax at source 271C. [(1) if any person fails to: (a) Deduct the whole or any part of the tax as required by or under the provisions of Chapter XVII-B: or (b) Pay the whole or any part of the tax as required by or under:- (i) Sub-section (2) of Section 115-O; or (ii) The second provision to section 194B Then, such persons shal....

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....ed, is in appeal before us. 6. The Ld DR before us vehemently supported the order of AO and he left the issue to the discretion of the Bench. 7. We have heard the Ld DR and perused the material available on record. The penalty was levied by the AO u/s 271C of the Act on the ground that the assessee failed to deduct the TDS under the provisions of section 194J and 194C of the Act. However, th....