2014 (2) TMI 866 - HC - Income Tax

Penalty u/s 272B of the Act Failure to mention PAN - PAN were not furnished by the Truck owners - Held that - assessee cannot be penalized under Section 272B. - Section 139A also imposes the obligation on the deductees to furnish PAN Number to the deductor. Secondly, the stand taken by the revenue is contrary to the stand taken by Central Board of Direct Taxes - Board in the letter dated 5.8.2008 vide No.275/24/2007-IT(B) has clarified that penalty of Rs.10,000/- under Section 272B is linked to the person who is responsible to deduct TDS, and not to the number of defaults regarding the PAN quoted in the TDS return. - Penalty cannot be imposed by calculating the number of defective entries in each return and by multiplying them with Rs.10,000/- This also appears to be a legislative intent, as in many cases, the TDS amount may be small or insignificant fraction of Rs.10,000/-. There is no substantial question of law arises from the appeal Decided against Revenue.

Summary

Issues:
Penalty under Section 272B for failure to provide PAN Numbers by deductees.

Analysis:
The High Court considered two primary reasons for not entertaining the present appeal. Firstly, it was noted that the assessing officer did not specifically mention any default or failure by the respondent-assessee in the penalty order under Section 272B, even though PAN Numbers were available. The respondent claimed that the PAN Numbers were not provided by the Truck owners, and therefore, they were not quoted. The Court highlighted that if deductees do not furnish PAN Numbers, the respondent-assessee cannot be penalized under Section 272B, as Section 139A imposes an obligation on deductees to provide PAN Numbers to the deductor.

Secondly, the Court observed a contradiction between the revenue's stand and the Central Board of Direct Taxes' position. The assessing officer had imposed a significant penalty in cases where PAN Numbers were missing or incorrectly stated. However, the Board clarified that the penalty under Section 272B is linked to the deductor responsible for deducting TDS, not the number of defaults in the TDS return. The maximum penalty of Rs.10,000/- can be imposed on the deductor regardless of the number of defaults, as it aligns with legislative intent and prevents disproportionate penalties based on the TDS amount.

The Court explicitly stated that they did not delve into the issue of whether a penalty could be imposed if a deductee provided correct details to the deductor but they were not accurately recorded. Ultimately, the Court concluded that no substantial question of law arose for consideration and dismissed the appeal based on the aforementioned reasons.

This judgment underscores the importance of adherence to legal provisions and the necessity for clarity in penalty imposition under Section 272B concerning the provision of PAN Numbers by deductees. It also highlights the significance of aligning penalty amounts with legislative intent and preventing disproportionate penalties based on the number of defaults in TDS returns.