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2023 (2) TMI 296 - ITAT DELHIPenalty u/s 271C r.w.s. 274(1) - Assessee has failed to deduct tax at source - HELD THAT:- As decided in assessee own case [2015 (7) TMI 1423 - ITAT LUCKNOW] 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 where the assessee has made payment of TDS though late, he cannot be held to be in default and there is no question of levy of penalty under section 271C of the Act. We have carefully perused the order of the ld. CIT(A) and we find that the ld. CIT)A) has adjudicated the issue in the light of various judicial pronouncements. Sine no infirmity has been pointed out in the order of the ld. CIT(A), we confirm the same. Accordingly, the appeals of the Revenue are dismissed.
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