2015 (7) TMI 1423

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.... These appeals are preferred by the Revenue against the respective orders of the ld. Commissioner of Income-tax deleting the penalty levied under section 271C of the Income-tax Act, 1961 (hereinafter called in short "the Act"). 2. During the course of hearing, the ld. counsel for the assessee has invited our attention to the penalty order with the submission that the Assessing Officer has simply....

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....of levy of penalty in such circumstances in the light of various judicial pronouncements. 3. The ld. D.R. did not dispute the factual aspect. She has simply placed reliance upon the order of the Assessing Officer. 4. Having carefully examined the orders of the lower authorities in the light of the rival submissions, we find that undisputedly no order was passed under section 201(1) of the Act ho....

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....of Jagran Prakashan Ltd. v. Deputy Commissioner of Income-tax (TDS) 345 ITR 228 (Alld) and also various orders of the Tribunal, in which it has been held that wherein TDS was paid by the assessee or required tax was paid by the deductee, the assessee should not held to be in default. Only interest on delayed payment under section 201(1A) of the Act can be charged. In the light of these decisions w....