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TMI Blog2015 (7) TMI 1423X X X X Extracts X X X X X X X X Extracts X X X X ..... essing Officer has passed an order under section 201(1A) of the Act charging interest on the delayed payment of tax. We have also carefully perused the relevant provisions of section 271C of the Act and we find that the penalty under section 271C of the Act can only be levied where the assessee fails to deduct the whole or any part of the tax as required by or under the provisions of Chapter XVII- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue. X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee has invited our attention to various judicial pronouncements and circular issued by the CBDT. The ld. counsel for the assessee has also placed reliance upon the order of the ld. CIT(A) who has discussed the issue of levy of penalty in such circumstances in the light of various judicial pronouncements. 3. The ld. D.R. did not dispute the factual aspect. She has simply placed reliance u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to section 194B. 5. Our attention was also invited to the judgments of the Hon'ble Apex Court in the case of Coca Cola Beverage P. Ltd. vs. CIT, 293 ITR 226 (SC) and the Hon'ble jurisdictional High Court in the case of Jagran Prakashan Ltd. v. Deputy Commissioner of Income-tax (TDS) 345 ITR 228 (Alld) and also various orders of the Tribunal, in which it has been held that wherein TDS was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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