Supreme Court · 2023 INSC 329 · Decided 10 April 2023
M/S Us Technologies International PVT. LTD v. The Commissioner of Income Tax
- Court
- Supreme Court of India
- Citation
- 2023 INSC 329 · [2023] 4 S.C.R. 382
- Case number
- CIVIL APPEAL No. 7934/2011
- Decided
- 10 April 2023
- Bench
- M.R. SHAH, C.T. RAVIKUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 271C, 201(1A), 276B, 271C(1)(a)
Headnote
Income Tax Act, 1961 - s.271C - Interpretation of - Belated remittance of the TDS after deduction, such assessee if liable to pay penalty u/s.271C - Held: No -s.271C(1)(a) shall be applicable in case of failure on the part of the the whole or any part of the tax as required by or under the provisions of Chapter XVIIB - Words used in s.271C(1)(a) are 'fails to deduct' - It does not speak about belated remittance of the TDS - Thus, there shall not be any penalty leviable
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