Penalty u/s 271C (1) (a) - delayed deposit of the TDS deducted ...

Court Rules on Penalty for Delayed TDS Deposit u/s 271C(1)(a); Emphasizes Strict Interpretation of Fiscal Statutes.

April 1, 2021

Case Laws Income Tax HC

Penalty u/s 271C (1) (a) - delayed deposit of the TDS deducted by the assessee - When the non-deduction of the whole or any part of the tax, as required by or under the various instances/provisions of Chapter XVII-B would invite penalty under Clause 271C(1)(a); only to a limited extent, involving sub-section (2) of Sec.115-O(coming under Chapter XIID) or covered by the 'second proviso' to Section 194B (coming under Chapter XVIIB) alone would constitute an instance where penalty can be imposed in terms of Section 271C(1)(b) of the Act. Since there is no obscurity in the above provision, it is not for the Court to read something more into it, contrary to the intent and legislative wisdom, which stands to be a forbidden field for the Court. It is settled law that the rule of 'strict interpretation' is the relevant one in so far as the fiscal statute is concerned. - HC

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Penalty u/s 271C (1) (a) - delayed deposit of the TDS deducted ...

Court Rules on Penalty for Delayed TDS Deposit u/s 271C(1)(a); Emphasizes Strict Interpretation of Fiscal Statutes.

April 1, 2021

Case Laws Income Tax HC

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