filed by the assessee against the orders of penalty u/s
271C of the Act levied by AO vide order dated 28.02.2013. The penalty ... 194A of the act has
been set aside. Meanwhile notice u/s 271C was issued for penalty and AO
was of the view that there
erred in deleting the penalty levied
u/s. 271C for the AYs. 2008-09 & 2009-10.
2. The CIT(A) failed to appreciate ... fact that penalty
u/s. 271C is leviable for failure to deduct tax
irrespective of the status of orders passed
assessee are against the levy of penalty
imposed u/s 271C of the Income-tax Act, 1961 as under:-
Assessment Year Penalty levied ... 20th June, 2008 during which, penalty proceedings u/s 271C were
initiated. However, penalty order was passed on 2nd March, 2010
which is barred
case wherein penalty for the
same years levied u/s 271C which was also initiated by the same order is
held to be time barred ... wherein, while deciding the
issue of penalty u/s 271C emanating from the same orders wherein it has
been held that the time limit runs
that the learned Assessing
Officer erred in passing an order under section 271C of the
IT Act, 1961 (ITA) for assessment year ... Assessing Officer erred in concluding that
the penal provisions of Sec.271C of the !TA could be
imposed against the Appellant.
6. The Assessinq Officer
Agra dt. 12/03/2015 deleting the penalty levied under section 271C of the Act.
2. The Revenue has raised the following grounds of appeal ... further penalty proceedings under
section 271C were initiated. During the course of penalty proceeding the
assessee pleaded that the tax deducted had not been deposited
Kolkata dated 26.04.2013.
Penalty imposed by ACIT, Range-28, Kolkata u/s 271C of the Income Tax Act,
1961 (hereinafter referred ... deleting the Penalty amount of Rs.18,18,348/-, levied
u/s.271C on the basis of his observation that the assessee had
reasonable cause
erred in confirming the penalty
imposed by the assessing officer u/s 271C of
Rs.1,68,588/-
3. In this case, the Assessing Officer ... levied penalty of
Rs.1,68,588/- u/s 271C of the Act, by observing as under:
"Fact of the case is that
assessment year 2007-08 against the order of penalty imposed u/s.
271C of the Income Tax Act, 1961 (hereinafter referred ... thus, the AO issued a notice dt. 09-02-2012 u/s. 271C of
the Act for default in making TDS, and during such proceedings
meanwhile, the AO initiated penalty proceedings u/s
271C on the ground that the assessee is liable to deduct tax at
source u/s 194A ... Accordingly, AO imposed penalty of Rs.
1,68,20,577/- u/s 271C of the Act.
4. Aggrieved, the assessee preferred an appeal before