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2015 (1) TMI 102 - HC - Income TaxEffect of amendment to section 272A(2) w.e.f. 1.10.91 - Penalty for default towards filing of TDS return - Whether the Tribunal was justified in holding that penalty levied u/s 272A(2) (c) should be restricted to the amount to tax deductible at source by treating the amendment to the said provision as being clarificatory in nature – Held that:- The Tribunal rightly observed that the quantum of penalty must be determined by reference to the law as it stood when the offence or default was committed - the amendment brought about is purely procedural in nature providing for the machinery for having and collecting penalty - this amendment does not affect the very ingredients of the default contemplated u/s 206 - Since the appeal is a continuation of the original proceedings the amendment brought about was applicable to the facts of the case, benefit under the amendment was rightly made available to the assessee and the amount of penalty was rightly restricted to the amount of tax deducted at source – thus, the order of the Tribunal is upheld – Decided against revenue.
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