appeals relating to orders under Sections 201(1) , 201(1A) and 271C relating to the assessment years 1992-93 to 1996-97.
2. The respondent ... paid. Five orders were also passed by the assessing officer under Section 271C of the Act levying penalty in a sum equal to the amount
High Court except to the extent
of penalty as prescribed under Section 271C . It is also
argued that the person referred to in Section 194J ... charging of interest under section 201(1A)
and penalty under section 271C .
4. Considering the facts and
circumstances of the class of cases of TPAs
defect was pointed of, and
consequently the penalty levied under Section
271C of the Act by Assessing Officer was
justified?"
3. Having heard ... Section 271C of the Act as amended by Finance
Act, 1997 w.e.f. 01.06.1997, which is pressed into service
by both the sides
that notwithstanding anything
contained in several provisions enu.inerated therein
including section 271C. no penalty shall be
Imposable on the person or the assessee ... Therefore, in
order to bring in application qf section 271C in the
backdrop qf section 27313. absence qf reasonable
cause. existence of which
winner. In the Act , there are two
provisions, namely Sections 271C and 276B . Section 271C
empowers the Joint Commissioner to levy any penalty where ... required by or under the second proviso
to Section 194B . Section 271C and Section 270B make
reference to the second proviso to Section
withholding lapse per se is
separately provided for in section 271C , and,
section 40(a)(ia) does not add to the same. The
provisions
1i01'1. 271C 01' the 11'1L:L>1'nc~ยป'1'z;1><. Act.
fi. Till
271A, s. 271B, s. 271C, s. 271D, s. 271E, cl. (c) or cl. (d) of sub-s. (1) or sub-s. (2) of s. 272A
cancelled
the penalties for the assessment year 2001-2002 under
Section 271C and 272A(2)(c) of the Income-Tax Act.
2. The total penalty
taxes by the deductee-assessee or the liability for
penalty under section 271C of the Income
