Penalty U/s. 271C cannot be imposed for updation error in software

State Bank of India Vs. Addl. CIT-(TDS) (ITAT Agra)

When the AO himself treated the assessee as an assessee not in default in respect of the amounts of TDS to be deducted, then there cannot be any scope for levying penalty u/s. 271 C of the Act. As in this case the amount of tax has been paid by the recipient of the income. Being so, the provisions of section 271 C cannot be applied to the assessee ‘s case as these provisions dearly state that if any person fails to deduct whole or any part of the tax as

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