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2019 (2) TMI 117 - ITAT MUMBAIPenalty imposed under section 271C - TDS u/s 195 - non deducted tax at source on the remittances to its AE - default under section 201(1)Held that:- Demand raised in pursuance to the order passed under section 201(1) and 201(1A) of the Act, in the mean while, has been deleted / quashed by the Tribunal while deciding assessee’s appeal [2017 (4) TMI 60 - ITAT MUMBAI]. Since, the very basis on which proceedings for imposition of penalty under section 271C of the Act was initiated and ultimately penalty was imposed no longer exists by virtue of the order passed by the Tribunal quashing the demand raised under section 201(1) and 201(1A) of the Act, penalty imposed under section 271C of the Act cannot survive. No infirmity in the order of the learned Commissioner (Appeals) in deleting the penalty imposed under section 271C of the Act. - Decided in favour of assessee.
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