Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2014 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (4) TMI 526 - AT - Income TaxPenalty u/s 272A(2)(g) of the Act - Failure to furnish certificate of TDS u/s 203 of the Act – Whether the failure of the assessee to furnish the certificate in respect of tax deducted at source within the time prescribed under the relevant section 203 read with Rule 31 discloses an offence for the purpose of Section 272A(2)(g) of the Act - Held that:- The decision in CIT V. Harsiddh Construction Pvt. Ltd. [1999 (12) TMI 30 - GUJARAT High Court] followed - The failure to furnish the aforesaid certificate within the prescribed time is not an offence which is punishable under the provisions of the Section 272A(2)(g) - the default was committed under a bona fide belief that the certificate in question was to be issued after the close of the financial year - a consolidated certificate was issued to the deductee - instead of holding that it was merely a technical or default of a venial in nature, it has been held that the failure referred was because of a reasonable cause – thus, no penalty is imposable on the assessee u/s 272A(2)(g) of IT Act – Decided against Assessee.
|