Failure to collect & pay STT- Not ipso-facto lead to imposition of penalty

Pr. CIT Vs National Stock Exchange (Bombay High Court)

A careful and conjoint reading of the two provisions i.e. Sections 105 and 108 would therefore make it clear that imposition of penalty is to be proceeded separately as a separate proceeding. Merely because in the assessment order the Assessing Officer comes to a conclusion that the assessee had failed to collect the STT or had failed to pay such STT to the credit of the Central Government, it would not ipso-facto lead to imposition of penalty. Once such a concl

Please become a Premium member. If you are already a Premium member, login here to access the full content.