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2016 (6) TMI 1384 - AT - Income TaxPenalty u/s 271CA - non deduction of TCS - HELD THAT - As decided in case of ITO (TDS) Vs Om Parkash Gupta (HUF) 2016 (6) TMI 938 - ITAT CHANDIGARH . Since, there is no demand arises against the assessee and all taxes have been paid and no loss to revenue have been caused, therefore, it is not a fit case for levy of penalty against the assessee.
Issues:
Appeal against cancellation of penalty under section 271CA of the Income Tax Act for assessment years 2011-12 and 2012-13. Analysis: The case involved an individual running a business of purchasing and selling old iron scrap. The Assessing Officer imposed a penalty for not deducting Tax Collected at Source (TCS) on the sale of scrap despite tax being collected on purchases. The assessee contended that TCS deduction was not required as per Section 206C of the Act due to dealing in scrap and provided details of sales and tax payments by purchasers. The ld. CIT(Appeals) acknowledged the applicability of Section 206C but found a reasonable cause in favor of the assessee, leading to the cancellation of the penalty. The ITAT Chandigarh referred to a similar case where the penalty cancellation was upheld due to the assessee providing evidence of tax payments by purchasers, no demand raised by the Assessing Officer, and compliance with the law. The tribunal emphasized the necessity of establishing a reasonable cause for failure to deduct TCS before levying a penalty under Section 271C. The burden lies on the assessee to prove the reasonable cause, and if the explanation is deemed reasonable, the penalty may not be justified. The tribunal, after considering the facts and the ld. CIT(Appeals) findings, dismissed the Revenue's appeals as there was no merit in imposing the penalty. The judgment highlighted the importance of reasonable cause and compliance with tax laws in determining the applicability of penalties under the Income Tax Act. The decision was in favor of the assessee based on the evidence provided regarding tax payments by purchasers and the absence of any revenue loss due to non-compliance. The ITAT Chandigarh upheld the cancellation of the penalty, emphasizing the need for a valid and reasonable explanation for any failure to deduct TCS, as per the provisions of the Act.
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