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2023 (5) TMI 60 - AT - Income TaxPenalty levied u/s 271C - non deduction of TDS on the payments made to HUDA - assessee contended that penalty notice issued does not specify the section under which the assessee should have deducted tax at source and hence, proceedings arising from the show-cause notice as well as order of imposing penalty is liable to be quashed - HELD THAT:- We observed that identical issue of whether penalty u/s 271C of the Act can be levied for non deduction of TDS on the payments made to HUDA by the assessee came up before this Tribunal in the case of Vipul Ltd [2022 (8) TMI 34 - ITAT DELHI] and also in the case of Sirur Developers Pvt. Ltd [2022 (9) TMI 1450 - ITAT DELHI] as held levy of penalty u/s 271C of the Act cannot be sustained. Thus we delete the penalty levied u/s 271C of the Act. Grounds raised by the assessee are allowed.
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