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Income Tax Case Laws - Section: 271C

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Cases for Section: 271C
Showing 1 to 15 of 104 Records
 

2016 (1) TMI 583 - SUPREME COURT

Commr. Of Income Tax-XVIII, Delhi Versus Bank Of Nova Scotia

Penalty u/s 271C - Penalty for failure to deduct tax at source - reasonable cause - ITAT and HC deleted the penalty levy - Held that - In the present appeals we are concerned with levy of penalty u/s 271-C for which it is necessary to establish that there was contumacious conduct on the part of the assessee. We find that on similar facts Hon ble Delhi High Court have deleted levy of penalty u/s 271-C in the cae of M/s. Itochu Corporation (2004 (5.....


2015 (12) TMI 910 - DELHI HIGH COURT

Commissioner of Income Tax (TDS) Versus M/s Air Liquide India Holdings

Failure to deposit TDS deducted from the salary received by the expatriate employee outside India - penalty u/s 271C - Held that - In the present case, in light of the factual findings of the ITAT that there was nothing brought on record by the Department to show that the Respondent had been intimated by the expatriate employees about the remuneration received by them from ALF, it is held that the Respondent could not be held to be an Assessee in.....


2016 (1) TMI 680 - ITAT MUMBAI

ADIT (IT) , 4 (1) , Mumbai Versus Leighton Welspun Contractors P. Ltd.

Penalty u/s Sec. 271C - non deduction of tds on five foreign remittances u/s 195 - (i) Engineering and Draughting services provided by AEC. - (ii) Payments for purchase of shrink wrapped software (i.e. standard computer software) - Held that - It is noted that there is huge controversy on this issue, and therefore, assessee placed reliance on the judgments which were in its favour including the judgment of Hon ble Supreme court in the case of Tat.....


2015 (11) TMI 116 - ITAT KOLKATA

Deputy Commissioner of Income-tax Versus M/s. Height Insurance Services Ltd.

Penalty u/s. 271C - failure to deduct tax and deposit to Govt. account - short deduction of TDS u/s. 194D of the Act treating the payments as contractual receipts u/s. 194C - CIT(A) deleted penalty - Held that - The assessee has made payments treating the same as contractual payments in lieu of the agreement after obtaining opinion from the advocate. There is no dispute that the assessee has deducted tax u/s. 194C of the Act for contractual payme.....


2015 (10) TMI 2108 - ITAT HYDERABAD

Asstt Commissioner of Income Tax Versus M/s Cosmos Carrying Pvt Ltd

Penalty levied under S.271C - non deduction of TDS - CIT(A) deleted penalty levy - Held that - The provisions of S.271C are subject to the provisions of S.273B of the Act. As per S.273B of the Act, no penalty shall be leviable under the sections mentioned therein, if the assessee proves that there was a reasonable cause for the failure under the said provisions. BR BR In the present case the assessee has submitted an explanation for the defaults .....


2015 (11) TMI 630 - ITAT CHANDIGARH

ASSISTANT COMMISSIONER OF INCOME-TAX (TDS) Versus STATE BANK OF INDIA (PEC)

Penalty levied under section 271C - assessee had not deducted tax at source under section 194A on interest payment - Held that - As per the provisions of section 194A(3)(iii)(f) no tax is to be deducted at source on income by way of interest which are credited or paid to such other institutions, association or body which the Central Government may notify in this behalf in the special gazette. For the purpose of section 194A(3)(iii)(f) Notificatio.....


2015 (9) TMI 179 - ITAT HYDERABAD

M/s Srinivasa Civil Works (P) Ltd Versus Addl. Commissioner of Income-tax, Hyderabad.

Penalty levied u/s 271C - non deduction of TDS from the payments made to creditors for expenses, unpaid labour charges, job work charges, transport charges, labour charges and royalty payments - Held that - Assessee in the present case has given explanation before the authorities below that the due to circumstances prevailing and under bonafide belief that tax was not required to be deducted at source U/S.194C on the payments in question. Moreove.....


2015 (8) TMI 1029 - ITAT CHENNAI

Assistant Commissioner of Income Tax, Circle-II, Trichy. Versus M/s. Amarvathy Textiles

Non-deduction of TDS for payment of product designing charges outside India for services rendered outside India - Held that - The services rendered by the non-resident agent can at best be called as a service for completion of the export commitment and would not fall within the definition of fees for technical services , we are the firm view that Section 9 of the Act is not applicable to the case on hand and consequently, Section 195 of the Act d.....


2015 (8) TMI 989 - RAJASTHAN HIGH COURT

Commissioner of Income tax (TDS) , Jaipur & anr. Versus M/s. Radha Swami Communication

TDS liability - payments made to Channel Providers u/Sec. 194C OR u/Sec. 194J - whether ITAT was justified in law and has not acted perversely in holding that the payments made by the assessee to Channel Providers were liable for deduction of tax at source u/Sec. 194C and not u/Sec. 194J of the Income Tax Act, 1961 when the said issue was not before them and the assessee has only assailed the penalty ? - Held that - We find merit in the arguments.....


2015 (10) TMI 2321 - ITAT HYDERABAD

ACIT (TDS) , TDC Circle 1 (1) Hyderabad Versus Greater Hyderabad Municipal Corporation, East Zone, Hyderabad

Penalties u/s 271C - Non deduction of TDS u/s 194C from the payments made to the contract workers - Held that - the issue relating to the assessee s liability to deduct tax at source from the similar payments made to contract labourers had come up for consideration before the Tribunal in assessee s own case for the earlier years and the same was decided by the Tribunal in favour of the assessee concuding the allotment of work by the assessee to t.....


2015 (10) TMI 1588 - ITAT AHMEDABAD

Rajkot Nagarik Sahakari Bank Ltd, Sanghavi & Co. Versus Joint Commissioner Of Income Tax, TDS Range, Surat

Penalty u/s. 271C - Non deduction of TDS u/s. 194J on payment of MICR charges as towards fees for technical charges - Held that - In the present case, Revenue has not brought any material on record to demonstrate that the reasons given by Assessee for non deduction of tax was not bona fide or to be false. We further find that CIT(A) by a very cryptic order has upheld the action of A.O. Considering the totality of the facts we are of the view that.....


2015 (6) TMI 399 - KERALA HIGH COURT

M/s Classic Concepts Home India Pvt Ltd Versus The Commissioner of Income Tax

Penalty levied under Section 271C - tax was deducted at source and was remitted belatedly - Held that - It is the admitted case of the parties that the tax was deducted at source and the same was remitted belatedly, though with interest. In such a case, the provisions of Section 271C are fully applicable. BR BR Insertion of a new Section 271C to provide for levy of penalty for failure to deduct tax at source. Under the old provisions of Chapter X.....


2015 (10) TMI 1859 - ITAT CHANDIGARH

Asstt. Commissioner of Income Tax (TDS) Versus The State Bank of Patiala

Penalty u/s 271C - non deduction of tax at source u/s 194A - CIT(A) deleted penalty levy - Held that - No merit in the appeal of revenue. The ld. CIT(Appeals) found that in case of three of the societies, the assessee was not liable to deduct tax at source. In the case of Shri Aurobindo Society, the exemption certificate under section 80G(5)(vi) was also filed. It would, therefore, prove that assessee had a reasonable cause for failure to deduct .....


2015 (10) TMI 1744 - ITAT AHMEDABAD

The Prime Co-operative Bank Ltd. Versus The Joint Commissioner of Income-tax, (TDS) , Range, Surat

Penalty u/s. 271C - Non deduction of TDS u/s. 194J on payment of MICR charges as towards fees for technical charges - Held that - In the present case, Revenue has not brought any material on record to demonstrate that the reasons given by Assessee for non deduction of tax was not bona fide or to be false. We further find that CIT(A) by a very cryptic order has upheld the action of A.O. Considering the totality of the facts we are of the view that.....


2015 (1) TMI 424 - GUJARAT HIGH COURT

COMMISSIONER OF INCOME TAX (TDS) Versus INDIAN PETROCHEMICALS CORPORATION LTD.

TDS u/s 192 - Gift coupons were given to employees - perquisites - Penalty u/s 271C - Short deduction of tax - revenue contended that Gift coupons were given to employees for performance of their duty and not as mementos - Held that - Assessee acted under the bona fide belief that the gift coupons, being in the nature of mementos to commemorate conferment of awards, were not in the nature of payment of salary. The salary of employees comes from t.....


 
   
 
 
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