2011 (2) TMI 51 - HC - Income Tax

Penalty under Section 272A(2)(c) of the Income Tax Act - tax deduction at source (the TDS) was deducted and deposited within time however, the return was not submitted within time under Section 206 of the Act - no merit in the appeal hence, dismissed

Summary

The Allahabad High Court dismissed the appeal against the Income Tax Appellate Tribunal's order deleting the penalty under Section 272A(2)(c) of the Income Tax Act for assessment years 1990-91 to 1994-95. The Tribunal found justification for the assessee, a Government Official, for not submitting the return within time. The Court cited a similar case where the Division Bench took the same view, leading to the dismissal of all five appeals.