relating to assessment year 2009-10 against penalty levied
under section 271C of the Income-tax Act, 1961 (in short ... erred in allowing
the appeal towards the levy of Penalty u/s 271C of the IT Act, 1961.
2) The Learned Commissioner of Income
facts in upholding the order of penalty under section 271C of
the Income Tax Act.
2. That the learned Commissioner of Income Tax (Appeals) while ... assessee
which is necessary for levy of penalty under section 271C .
4. That in the circumstances of the case and in law, the impugned order
charges or pre-operative expenses
under Section 201 . Thus, penalty under Section 271C of the
Act which is equivalent to amount of tax which ... circle 17(1),
New Delhi stating that the penalty under section 271C for non-deduction
of TDS should be levied for the amount
That on facts and in law imposition of penalty under section 271C for
Rs. 10,58,313/- is totally wrong, unjustified and illegal. The appellant ... company is not liable to penalty u/s 271C on the following grounds:
i) That the Ld CIT (A) has not considered the various facts
challenged the sustenance of penalty
levied by the AO U/s 271C of the I.T. Act.
2. Briefly, the facts of the case ... impugned
assessment year. For initiation of penalty proceedings u/s 271C of the
Act, the AO referred the matter to the JCIT (TDS), Jaipur vide
realte to the
confirmation of penalty levied by the AO u/s 271C of the Income Ta x
Act, 1961 (hereinafter referred ... facts
in upholding the impugned penalty u/s 271C of the Act
imposed on the appellant for alleged non deduction of tax
at source
taxes by the deductee-assessee or the liability for
penalty under section 271C of the Income tax Act."
9.2 The relevant finding recorded ... penalty on the amount of sale in this case u/s
271C , when the assessee has been held to be not an assessee in
default
facts of the case in
cancelling the penalty u/s 271C vide order dated 21.07.2015
amounting to 36,44,493/- observing that assessee has reasonable ... facts of the case
in deleting the penalty u/s.271C even after keeping in view that the
order
erred in confirming the penalty of
Rs.4,25,420 under section 271C of the Act and not
appreciating the fact there was a reasonable ... levied penalty of Rs.4,25,420/- on the assessee u/s 271C of the IT
Act, as the assessee had failed to deduct
case are as follows:
The Assessing Officer had imposed penalty u/s 271C of the
I.T.Act, for the reason that there was delay ... Tribunal cancelled the penalty orders
passed by the Assessing Authority u/s 271C of the I.T.Act and
allowed the appeals of the assessee
