2015 (1) TMI 102 - GUJARAT HIGH COURT
COMMISSIONER OF INCOME TAX-III Versus SOUTH GUJARAT ROLLER FLOUR MILLS
Effect of amendment to section 272A(2) w.e.f. 1.10.91 - Penalty for default towards filing of TDS return - Whether the Tribunal was justified in holding that penalty levied u/s 272A(2) (c) should be restricted to the amount to tax deductible at sourc ......
2015 (1) TMI 299 - ITAT MUMBAI
M/s. Dhariwal Films Pvt. Ltd. Versus The Additional Commissioner of Income Tax, (TDS)
Addition su/s 68 - Burden to prove - cash credit - genuineness of creditors – Held that:- The assessee furnished before CIT(A) certain details relating to the loan creditors for each of the year under consideration - In the remand report, the AO has ......
2014 (10) TMI 10 - ALLAHABAD HIGH COURT
Divisional Logging Manager Versus The Commissioner of Income Tax
Imposition of penalty u/s 271A(2)(c) – delay in furnishing return for Tax Collection at Source (TCS) - whether penalty can be imposed for technical breach, delay in filing of statement in form 27EC – Held that:- It is the mandatory provision to furni ......
2014 (5) TMI 477 - ITAT MUMBAI
The ITO (TDS) 1(1), Mumbai Versus M/s. Amanraj Housing & Development Corpn.
Penalty for technical breach of law - Wrong mention of section 272A(2)(C) in place of 272A(2)(K) of the Act - Penalty u/s 272A(2)(c) - CIT(A) delete the penalty by observing that since the tax was deducted only in the last quarter of the year under c ......
2014 (4) TMI 786 - ITAT HYDERABAD
Sreemitra Estates Pvt. Ltd., Versus Addl. Commissioner of Income-tax, Range – 15, Hyderabad.
Confirmation of Penalty u/s 272A(2)(k) of the Act – Quarterly statements with details of tax deducted at source not furnished - Held that:- The paramount duty of the assessee is to remit the TDS amount within the statutory time limit - Payment of int ......
2014 (4) TMI 526 - ITAT AHMEDABAD
INCOME TAX OFFICER Versus EXCEL INDUSTRIES LTD
Penalty 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 2 ......
2014 (1) TMI 1295 - ITAT COCHIN
Branch Manager Punjab National Bank Versus ITO (Intelligence)
Penalty u/s 272A(2)(c) of the Act – Stay application – Held that:- The penalty u/s 272A has to be levied by an officer not lower than a Joint Director or Joint Commissioner of Income-tax - A consequential amendment ought to have been made by the legi ......
2013 (5) TMI 305 - ITAT HYDERABAD
M/s. G. Pullareddy Charitable Trust Versus The DDIT (Exemptions) -II Hyderabad
Exemption u/s. 10(23C)(vi) - denial of claim - Reopening of assessment - also for filing the returns belatedly for these assessment years there was levy of penalty u/s. 272A(2)(e) - Held that:- There cannot be one authority for levying of penalty on ......
2013 (11) TMI 205 - ITAT CUTTACK
THE BRANCH MANAGER (TDS) Versus ADDL. CIT (TDS) BHUBANESWAR
Penalty u/s 272A(2)(k) – The exparte order passed by the learned CIT(A) vide order was under the challenge as to the imposition of the Penalty - Held that:- The penalty levied u/s.272A(2)(k) was cancelled for the respective assesses for the respectiv ......
2013 (12) TMI 305 - ITAT CUTTACK
EXECUTIVE ENGINEER Versus ADDL COMMISSIONER OF INCOME TAX (TDS) BHUBANESWAR
Penalty u/s 272A(2)(k) – Income-tax is deducted from the contractors’/ suppliers’ bills and credited to the respective head of Central Government through book adjustment - E-TDS was filed through a franchise holder for filing of e-TDS on behalf of Go ......
2014 (1) TMI 387 - ITAT CUTTACK
Under Secretary & DDO, Panchayati Raj (Gram Panchayat) Versus Addl. Commissioner of Income-tax (TDS)
Penalty u/s 272A(2)(k) of the Act – No deliberate and contumacious default - Assessee contended that TDS submitted in due time – Held that:- Relying upon Section 272-A (2)(k) provides that penalty @ Rs. 100 per day may be levied if the person respons ......
2012 (10) TMI 251 - PUNJAB AND HARYANA, HIGH COURT
Commissioner of Income Tax (TDS), Chandigarh Versus The Collector, Land Acquisition, Department of Industrial & Commerce
Non issuance of form 16A to the deductee within time as required u/s 203(1) - non ascertaining the PAN Number from the payees - penalty levied under Section 272A(2)(g)- Held that:- The explanation of the assessee for non-issuing the certificates with ......
2012 (11) TMI 459 - ITAT AGRA
The Manager, Union Bank of India Versus Additional Commissioner of Income-tax, Range -3, Mathura
Penalty for failure to submit returns or statements in time - reasonable cause - No notice issued for default under section 272A (2) (k) - Held that:- There is mistake in notice as regards mentioning of clause (2) of section 272A of the Act is cover ......
2012 (3) TMI 320 - GUJARAT HIGH COURT
Commissioner of Income-tax Versus Krishna Cold Storage
Penalty u/s 272A - The assessee, who is deriving income from its business of cold storage, was required to deduct tax at source from interest payable/paid to certain creditors and in case the creditors were not liable to pay any income tax, the asses ......
2012 (5) TMI 50 - ITAT CHANDIGARH
Collector Land Acquisition Versus Additional Commissioner of Income-tax (TDS), Range
Penalty levied u/s 272A(2)(k) – delayed filing of e-TDS returns - Held that :- There was only a technical and venial breach to the provisions contained in Rules 31A (2) of the Income Tax Rules, 1962 r.w.s. 200(3) requiring the assessee to submit quar ......