Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2010 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2010 (4) TMI 977 - HC - VAT and Sales TaxDelayed deposit of TDS - Held that:- The respondent-assessee had made all efforts not to breach the mandatory provision of section 35(4) of the Act of 2005. The respondent-assessee in fact made efforts to deposit TDS on the very date, when the same was deducted. It is only that the draft prepared by the respondent was not encashable in the manner it was prepared. A series of further efforts were also made, but because of one or the other defect deposit could not be made. In the aforesaid sequence of facts, it emerges that the respondent did not retain the amount in his own hands, he had prepared drafts of the amount payable, and had deposited the same with the revisionist. For the delayed deposit, the respondent tendered interest on account of delayed payment under section 35(9) of the Act of 2005. In the aforesaid view of the matter, we are satisfied that the maximum penalty imposable under section 35(8) of the Act of 2005 was wholly unjustified. Reduction thereof at the hands of the Tribunal vide the impugned order dated September 7, 2009, in our view, was fully justified.
|