2023 (5) TMI 693 - AT - Income Tax

Penalty u/s 271C - assessee has not submitted the PAN number - AO contended that the TDS is required to be deducted @ 20 % on all such payments as per provision of section of 194C - HELD THAT:- In this case the bench noted that all the EDCs since the assessee has not given the details of PAN number the ld. AO has raised the demand @ 20 % and if the ld. AO consider the PAN number of these case the assessee will get the substantial relief on the levy of TDS defaults as well as on the levy of penalty on the TDS defaults. The bench also noted that the assessee is part of the state government and the defaults if any is on account of the peculiar circumstances of the case and on the facts these EDCs are working under the direct supervision of the assessee on no profit no loss basis.

In light of these facts we deem it fit in the interest of justice to admit the details of the payee with the PAN numbers. As this details were not before the lower authority we admit it in the interest of equity and justice and restore the matter to the file of the AO to examine the case afresh but by providing adequate opportunity of being heard to the assessee. The assessee is also directed to produce the documentary evidences concerning the issue in question and will cooperate the AO. Thus, the appeal of the assessee is allowed for statistical purposes.