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2023 (2) TMI 27 - AT - Income TaxPenalty u/s 271C - Addition @ 2% of the EDC amount paid to HUDA on which the TDS was to be deducted u/s 194C - debatable issue - whether there was reasonable cause/bona fide reason within the meaning of Section 273B of the Act for not deducting the TDS? - HELD THAT:- Cases of m/s RPS Infrastructure Ltd. [2019 (9) TMI 39 - ITAT DELHI], Shree Vardhman Developers Pvt. Ltd. [2022 (11) TMI 1053 - ITAT DELHI] and Tulip Infratech Pvt. Ltd. [2022 (7) TMI 328 - ITAT DELHI] clearly that on payment of “EDC” to the HUDA, no TDS is liable to be deducted, hence we are inclined not to interfere with the decision of the learned Commissioner, in deleting the penalty on this count. Appeal filed by the Revenue/Department stands dismissed.
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