2008 (7) TMI 6

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..... ertificate is independent to the making of the TDS deposit, is rejected – revenue appeal dismissed – penalty not justified - No substantial question of law arises - 677/2008 and 679/2008 - - - Dated:- 4-7-2008 - CORAM:- HON'BLE MR JUSTICE BADAR DURREZ AHMED HON?BLE MR JUSTICE RAJIV SHAKDHER BADAR DURREZ AHMED, J (ORAL) 1. These appeals pertaining to the assessment years 2000-2001 a .....

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..... The present case, according to the learned counsel, falls under Section 203 (1) of the said Act and the two are unrelated and independent. 2. The Tribunal has noted that by virtue of its earlier order dated 26.08.2005 in ITA Nos. 117 and 118/D/2002, after considering the explanation of the assessee, it held that the assessee was not in default under Section 201 (1) of the said Act and thereby .....

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..... he assessee for the delay in making the deposits and in filing the TDS returns has been accepted. In these circumstances, the Tribunal was of the view that once the explanation for the delay, which is common, both, for the making of the deposit and filing of the TDS return, on the one hand, and the issuance of the TDS certificate on the other, has been accepted, then there is no question of imposi .....

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