provisions of sub-section (3) of section
200."
Penalty for Failure to Deduct Tax at Source:
"Section 271C: (1) If any person fails ... clause
(b) of sub-section (1) of section 271, section 271A, section
271AA, section 271B, section 271BA, section 271BB, section
271C, section 271CA, section 271D
section 271, section 271-A, [271-AAA,] [Inserted by Act 22 of 2007, Section 71 (w.e.f. 1.6.2007).] [section 271-F, section ... Section 57, for " section 271-F" (w.e.f. 1.4.2006).] , section 272-AA or section 272-BB; (C) section 272, section 272-B or section
Section 271C in The Income Tax Act, 1961
271C. [ Penalty for failure to deduct tax at source. [ Inserted by Act 4 of 1988, Section
provisions of Clause (b) of Sub-section (1) of Section 271 , Section 271A , Section 271B , Section 271C , Section 271D , Section 271E , Clause (c) or Clause ... section (1) or Sub-section (2) of Section 272A , Sub-section (1) of Section 272AA or Sub-section (1) of Section 272BB or Clause
appeals relates to the levy of interest under Section 201(1A) and penalty under Section 271C pertaining to asst. yr. 2000-01. Since these appeals ... imposed in certain cases. Section 273B provides that no penalty under certain sections including Section 271C need be imposed on the assessee for the failure
relating to assessment year 2009-10 against penalty levied
under section 271C of the Income-tax Act, 1961 (in short ... under section 201 of the Act.
1.2 In doing so, the learned CIT(A) failed to appreciate that levy of penalty
under section 271C
case only one penalty, i.e., either under Section 221(1) or under Section 271C , is imposable for the default of short-deduction ... these sections operate in mutually exclusive areas by observing that "A perusal of both the sections, i.e., Section. 221 and Section. 271C, shows
applicability
of section 194C on such kind of payment and lastly he submitted that
penalty is not leviable u/s 271C in view of 273B ... under section 194C of
the Act. Since, assessee has failed to deduct the TDS; therefore, it is
liable for penalty under section 271C
Representative accordingly argued that levy of interest under section 201(1A) and penalty under section 271C was justified in these cases. She prayed that ... clause (b) of subs. (1) of section 271 , section 271A , section 271B , section 271BB , section 271C , section 271D , section 271E , section 271F , clause
considered view, both the penalties, i.e. under section 221(1) as well as under section 271C , cannot be imposed as a consequence ... case only one penalty, i.e., either under section 221(1) or under section 271C , is imposable for the default of short deduction
