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2022 (3) TMI 779 - ITAT JAIPURPenalty u/s 271CA - short collection of TCS - HELD THAT:- As gone through the details of collection of the TCS @ 2% on the payment received by the assessee. The same can be verifiable from TRACE Data Base. It is observed that assessee had already filed the TCS return for amount more than the amount calculated by the AO in his order. The ld. CIT(A), NFAC, Delhi also did not find any short fall of TCS amount during the appellate proceedings before him. Therefore, the ld. CIT(A) NFAC, Delhi has directed the AO to verify the records and allow the credit of taxes paid by the assessee. Hence, taking into considerations the details of TCS collection @ 2% received by the assessee from TRACE Data Base, we find that the ld. CIT(A), NFAC, Delhi vide his order dated 20-07-2021 has rightly allowed the appeal of assessee for Statistical purposes. When the quantum of appeal has been allowed by the ld. CIT(A), NFAC, Delhi then there is no need to impose penalty by the JCIT – TDS and subsequently confirmed by the ld. CIT(A), NFAC Delhi - Thus the appeal of the assessee is allowed.
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