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2017 (5) TMI 1672 - HC - Income TaxPenalty u/s 271CA - non-collection of tax at source (TCS) u/s 206C - Whether assessee has committed default to collect the tax at source as required the provisions of Section 206C? - HELD THAT:- As noticed that the revenue had filed the appeal against the pronouncements decision [2016 (12) TMI 1534 - PUNJAB AND HARYANA HIGH COURT] under Section 260A along with other connected appeals whereby the impugned order was set aside and the matter was remanded back to the Tribunal for fresh decision. Accordingly, learned counsel for the revenue has stated that the order passed in the present appeals be also set aside and the matter be remanded to the Tribunal for fresh decision after affording an opportunity of hearing to the parties in accordance with law. However, this prayer was opposed by the learned counsel for the respondents. Present appeals deserve to be allowed as the Tribunal had adjudicated the appeal by relying upon its earlier decision as cited in para 3 above. Accordingly, the impugned orders dated 30.09.2015 passed by the Tribunal in each case are set aside and the matters are remanded to the Tribunal for fresh decision after affording an opportunity of hearing to the parties in accordance with law.
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