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2015 (1) TMI 398 - PUNJAB & HARYANA HIGH COURTCompounding of offence under section 279(2) - Delay in making deposit of TDS - TDS amount along with interest already deposited by assessee - Request for compounding allowed in 1999 however a revision done in the year 2000 where this request was declined - Held that:- application of the assessee for compounding under Section 279(2) of the Act was accepted by the CCIT on 29.11.1999 whereby compounding was accepted on payment of compounding fee of ₹ 2192/-. However, the same was subsequently reviewed on 16.3.2000. It was not disputed by learned counsel for the respondents that the amount of ₹ 4870/- alongwith interest of ₹ 426/- under Section 201(1A) of the Act has already been deposited. Ordinarily, the power to compound vests with the authorities under the Act. It will not serve any useful purpose in referring back the matter to the competent authority particularly keeping in view the fact that the very insignificant amount of ₹ 4870/- is involved which also stood paid and even interest under Section 201(1A)of the Act was paid by the assessee. Accordingly, letter dated 14.3.2000 withdrawing the compounding is hereby quashed. As a necessary corollary, the Annexure P.6 whereby the CCIT had agreed for compounding of the offence on payment of compounding fee of ₹ 2192/- shall stand revived. - petitioners submitted that though the CCIT had determined the compounding fee at ₹ 2192/-, however, the assessee shall deposit an additional amount of ₹ 5000/- to show his bonafides - Decided in favour of petitioner.
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