Penalty recovery stay: delayed TDS deduction and remittance may not attract Section 271C, pending appellate determination.

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....Section 271C was noted as having been interpreted by the SC as inapplicable where tax deducted at source was deducted and remitted belatedly, supporting a prima facie challenge to penalty while leaving its final applicability for statutory appeals. The discussion states that circulars and office memoranda on stay of demand are guidelines, not statutory constraints on discretion under Section 220(6). Recovery of penalty was conditionally stayed pending appeal and for a further limited period, with expedited appellate disposal directed.....