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2008 (12) TMI 333 - HC - Income TaxPenalty under section 272A – Failure to submit certificate of TDS – The assessee firm failed to file the certificate in Form 16A of tax deducted at source as required under section 203 for the FY 1997-98. the assessee filed the certificate on December 24 1998, whereas the last date of filing was April 30, 1998, thus penalty imposed under section 272A. Held-that the assessee had not proved that there was reasonable cause for the failure, as a complaint petition was filed impleading the managing partner as accused and it was on November 6, 1998 that the court passed the order for issuance of process for arrest of the managing partner and partners of the assessee firm. The last day for filing of the certificate was 30th April 1998. thus there is no reasonable cause and, therefore, the Tribunal was justified in affirming the penalty imposed under section 272A(2)(g).
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