2002 (8) TMI 16

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..... g the annual return and was the Tribunal right in drawing a right inference from the Central Board of Direct Taxes circulars?" – The penalty under section 272A(2)(c) cannot be levied in a routine manner. The discretion vested with the authority is to be exercised judiciously on consideration of all the relevant circumstances. A bona fide breach cannot lead to a penalty under section 272A(2)(c)." - .....

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..... t inference from the Central Board of Direct Taxes circulars?" The respondent Deputy Housing Commissioner, Rajasthan Housing Board, Jodhpur, is the person responsible for paying the tax on the income chargeable to tax under the head "Salaries" to the employees working under him. He is also responsible under section 206 of the Act of 1961, for deducting tax at source. He is also required to prepa .....

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..... D.B. Income-tax Reference No. 17 of 1996, decided on 11th May, 2002) considering the provisions of sections 206 and 272A(2)(c) of the Income-tax Act the court held as follows: "Thus, the penalty under section 272A(2)(c) cannot be levied in a routine manner. The discretion vested with the authority is to be exercised judiciously on consideration of all the relevant circumstances. A bona fide brea .....

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