OXIGEN SERVICES INDIA PVT. LTD.,NEW DELHI vs. JCIT, RANGE-76, NEW DELHI

ITA 4902/DEL/2018Status: HeardITAT Delhi31 July 2023AY 2013-145 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the penalty was initiated and levied by the competent authority within the time prescribed under Section 275(1). The assessee's failure to deduct tax at source was established, and the penalty was rightly imposed.

What were the facts?

The assessee was levied a penalty under Section 271C for failure to deduct tax at source on certain expenses. The assessee argued that the penalty was barred by limitation and that the levy was unjustified.

What were the issues?

Whether the penalty under Section 271C was barred by limitation and whether the levy was justified for failure to deduct tax at source.

Which sections of the Income-tax Act were involved?

Section 271C,Section 275(1),Section 194

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI

Before: Sh. C. M. GargDr. B. R. R. Kumar

For Respondent: Ms. Smita Singh, Sr. DR
Hearing: 19.07.2023Pronounced: 31.07.2023

Per Dr. B. R. R. Kumar, Accountant Member:

The present appeal has been filed by the assessee against the order of ld. CIT(A)-XXV, New Delhi dated 08.05.2018. 2. The assessee has raised the following grounds of appeal:

“1. On the facts and circumstances of the case, the learned Commissioner of Income Tax (Appeals) ["Ld. CIT (A)"] has erred both on facts and in law in upholding the penalty order under section 271C of the Income-tax Act, 1961 ("the Act") levying the penalty of Rs. 4,43,734, being barred by limitation under section 275 of the Act, which is arbitrary, unjustified and bad in law. Hence, the penalty order passed under section 271C of the Act be quashed.

2.

On the

The order continues below.

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