Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2005 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2005 (5) TMI 38 - HC - Income TaxTDS - Once a person prescribed or concerned or the assessee has been subjected to a penalty u/s 271C, for not deducting the tax at source, there would not arise any occasion for levying a penalty under section 272A(2)(c) and 272A(2)(g) for non-compliance with the provisions of sections 203 and 206. In other words, in case the tax has not been deducted at source, the question of issuing the certificate of tax under section 203 or that of filing of return under section 206 would not arise at all. That being so, the question of imposing penalty for violation of the aforesaid provisions, would also not arise.- Tribunal was correct in holding that since the tax has not been deducted, there is no violation of the provisions of section 206 and, therefore, penalty is not leviable without appreciating the fact that sections 192 and 206 read with rule 36 of the Income-tax Rules, 1962 are interlinked
|