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2021 (2) TMI 214 - AT - Income TaxLevy of penalty u/s. 272A(2)(k) - delay in preparation and delivery to the prescribed returns if the prescribed form is caused on account of non-availability of the details such as PAN, address further valid tee of challans paid, Generation of CSI file etc.- HELD THAT:- There is no delay in submission and filing of the prescribed returns from the date of TDS amount credited to the Central Government account. The approach of the lower authorities in computing the period of default from the date of deduction of tax at source instead of date of payment of TDS amount credited to the Central Government account is unreasonable and contrary to the plain provisions of the relevant Rules. In case where tax amount has not been remitted to the credit of the Central Government, the question of issuing certificate of tax deduction at source u/s. 200(3) of the Act or filing the return under the provisions of sub-section (3) of section 200 of the Act would not arise at all. That being the case the question of imposing penalty for violation of the above said provisions would also not arise - provisions of Income Tax Act prescribe different penalties for non-deduction as well as the delay in remittance of the amount to the Central Government. It is trite law that the two different penalties cannot be imposed by the Parliament for the same offence. We are of the considered opinion that the levy of penalty u/s. 272A(2)(k) of the Act is not justified in the present facts of the case. According we set-aside the impugned order and directed to delete the penalty. - Decided in favour of assessee.
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