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TMI Blog2017 (11) TMI 907X X X X Extracts X X X X X X X X Extracts X X X X ..... d deduction of TDS amount. Thus, we find no reason to interfere with the findings arrived by the Ld. CIT(A). We hold accordingly. Consequently, Revenue’s appeal is dismissed. - ITA No. 459/Kol/2016 - - - Dated:- 15-11-2017 - Shri Waseem Ahmed, Accountant Member And Shri S. S. Viswanethra Ravi, Judicial Member By Appellant : Shri Arindam Bhttacharjee, Addl. CIT-DR By Respondent : None ORDER Per Waseem Ahmed, Accountant Member:- This appeal by the Revenue is directed against the order of Commissioner of Income Tax (Appeals)-24, Kolkata dated 30.12.2015. Assessment was framed by ITO Ward-58(3)/TDS, Kolkata u/s 201(1)/201(1A) of the Income Tax Act, 1961 (hereinafter referred to as the Act ) vide his order dated 26.12.2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. There is no dispute about the deduction of tax deduction at source s is apparent from the order u/s 271C dt. 27.04.2015 and the order u/s. 201(1)/(1A) of the Income Tax Act, 1961, dt. 26.03.2012. The only point for which the penalty was levied is the delay of few months in payment of taxes deducted at source. Since no default of deduction has been recorded in the order u/s. 201()/(1A) and order u/s 271C, dt.27.04.2015 the question to be seen is whether penalty can be levied on late payment of taxes. Sec. 271C is reproduced as under:- Penalty for failure to deduct tax at source 271C. [(1) if any person fails to: (a) Deduct the whole or any part of the tax as required by or under the provisions of Chapter XVII-B: or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount of Government Exchequer with the delay of few months, therefore there was no default on the part of the assessee under the provisions of TDS. From the above discussion, it is clear that the assessee has deposited the amount of TDS with the delay of few months. Therefore, it cannot be concluded that the assessee has defaulted the provisions of TDS. Thus, in our considered view the penalty u/s 271C of the Act cannot be levied for the delayed deduction of TDS amount. Thus, we find no reason to interfere with the findings arrived by the Ld. CIT(A). We hold accordingly. Consequently, Revenue s appeal is dismissed. 8. In the result, Revenue s appeal stands dismissed. Order pronounced in open court on 15/11/2017. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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