M/S. Virgin Mobile India Pvt. Ltd., New Delhi vs. JCIT (TDS), New Delhi
In the result, appeal filed by the assessee is allowed
ITA 3431/DEL/2015[2009-10 (F.Y. 2008-09)]Status: DisposedITAT Delhi28 Nov 2018
Bench: Shri Amit Shukla & Shri Prashant Maharishivirgin Mobile India Pvt. Ltd, Vs. Jcit(Tds), C/O. Tata Teleservices Ltd, Range-51, Room No. 406, 4Th Floor, Aayakar Bhawan, 2A, Old Ishwar Nagar, Mathura Road, New Delhi District Centre, Laxmi Pan: Aadcr5798J Nagar, New Delhi (Appellant) (Respondent)
For Appellant: Ms. Ashita Farsanja, AdvFor Respondent: Shri Surender Pal, Sr. DR
Section 143(3)Section 194JSection 197(1)Section 201Section 246ASection 271CSection 274Section 275Section 40a
…t for levy of the penalty under section 271C of the income tax act the learned adjudicating authority has to show contumacious conduct on the part of the assessee. The honourable Supreme Court in[2016] 66 taxmann.com 175 (SC)/[2016] 237 Taxman 594 (SC)/[2016] 380 ITR 550 (SC)/[2016] 283 CTR 128 (SC) Commissioner of income tax vs bank of Nova Scotia has held as under:- “2. The matter was pursued by the Revenue before the Income Tax Appellate Tribunal. The Income Tax Appellate Tribunal vide order dated 31.03.2006 entered the following findings: "11. We have carefully considered the rival submissions. In the instant…