(2)No penalty shall be levied under sub-section (1)(a) for delay in filing or non-filing of statement referred therein, if the person proves that—(a)tax deducted or collected along with the fee and interest, if any, was paid to the credit of the Central Government; and(b)the said statement was also delivered or cause to be delivered before the expiry of one month from the time prescribed in section 397(3)(b).
