source. The
provisions of Sec.271-C reads thus:
"Section: 271C.
1) If any person fails to--
a) deduct the whole or any part ... cause
for the failure to deduct tax then the penalty under Section 271C is waived
off. Sec.273-B reads thus
appeals of the assessees were allowed deleting the penalty imposed u/s.
271C of the Income Tax Act, 1961 (Act) under similar facts and
circumstances ... source. The provisions of Sec.271-C
reads thus:-
"Section: 271C.
1) If any person fails to--
a) deduct the whole or any part
Ahmedabad dated 24.04.2018 which are
arising out of the order u/s 271C of the Income Tax Act 1961(In
short ... erred in confirming the penalty under Section 271C of the Act
amounting to Rs.515000/-
2. The appellant prays that the said penalty be deleted
Appeals) in upholding
penalty levied by the learned assessing officer under section 271C, in
so far it is against the appellant is opposed ... Appeals) has grossly erred in
upholding the levy of penalty u/s 271C of the Act Rs.6,62,454/- under
Page
Subsequently, penalty proceedings
u/s 271C of the Act were initiated for both years under
consideration. Assessee filed appeals against orders ... facie, the
sole disputed issue in respect of penalty levied u/s 271C of the Act for non-
deduction of tax at source
confirming the penalty levied by the AO u/s 271C of the Act.
3. We heard the parties and perused the record. The assessee ... passed in the hands of the assessee. Subsequently penalty order
u/s 271C of the Act was passed levying a penalty
Learned CIT(A) is not justified in confirming the
penalty under section 271C of the Income Tax Act, 1961 to
the extent of tax deducted ... failed to appreciate that
initiation of proceedings under section 271C were based on
frivolous complaint in which the complainant had stated
that
Income Tax (Appeals), Muzaffarnagar in
relation to penalty proceedings u/s.271C whereby Ld. CIT(A)
has upheld the penalty ... interest u/s.201(1A), thereafter penalty
proceedings u/s.271C was initiated. Ld. Assessing Officer
thereafter in his impugned penalty order has levied
action of ld.
CIT(A) in confirming penalty imposed u/s 271C as per the original
order passed by the ACIT(TDS) dated ... submitted that the Addl.CIT(TDS) while levying the
penalty u/s 271C has not taken into consideration the rectification
order so passed
Against the order of CIT (A) cancelling the penalty levied under section 271C of the
act
The Addl . Commissioner of Vs. Sahara India Financial
Income ... against the order of the Ld CIT (A) cancelling penalty u/s 271C of
the act for the reason that there is no fault
