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Section 271C

Latest Articles


New TDS Compliance for Employers under Section 192 & relevance of Form 12BB

Income Tax : Stay updated with the latest TDS compliance under Section 192 of the I.T. Act, emphasizing the importance of Form 12BB for employe...

February 20, 2024 2820 Views 1 comment Print

Supreme Court Ruling on TDS Penalty in US Technologies Case – A Detailed Analysis

Income Tax : Read about Supreme Court's decision in US Technologies case regarding TDS penalty under Section 271C of Income Tax Act, 1961, for ...

September 30, 2023 2538 Views 0 comment Print

Penalties and Prosecutions Under Income tax Act, 1961

Income Tax : Learn about the penalties and prosecutions under the Income Tax Act of 1961 for various defaults and offenses. Find out the fines ...

July 25, 2023 486732 Views 4 comments Print

Prosecution for non deduction of TDS under section 194S & 194R

Income Tax : It is proposed to amend section 271C inserting two new sub-clauses under clause (b) in sub-section (1) providing reference to the ...

February 5, 2023 6255 Views 0 comment Print

Consequences of Non Payment of TDS/TCS & Non filing of TDS/TCS Returns

CA, CS, CMA, Income Tax : Understand the consequences of non-payment of TDS/TCS & non-filing of TDS/TCS returns. Learn about the penalties and legal implica...

August 26, 2022 5769 Views 1 comment Print


Latest Judiciary


AP HC Quashes TDS Prosecution for Belated Deposit as reasonable cause exist

Income Tax : Andhra Pradesh High Court quashes prosecution against Aditya Institute for delayed TDS deposit, citing reasonable cause under Sect...

July 2, 2024 405 Views 0 comment Print

ITAT Delhi explains limitation for passing of penalty order

Income Tax : Detailed analysis of ITO vs Turner General Entertainment Networks India Pvt. Ltd. case before ITAT Delhi. Penalty order deemed inv...

June 13, 2024 399 Views 0 comment Print

No section 271C penalty for non-deduction of TDS due to Bonafide Belief

Income Tax : In Ambience Pvt Ltd vs ITO (ITAT Delhi), the issue of TDS penalty under sec 271C is discussed. Analysis reveals why penalty wasn't...

June 4, 2024 378 Views 0 comment Print

If Payees Accounted for Received Amounts & Paid Taxes, Assessee Not in Default under Sec. 201(1)

Income Tax : Explore the detailed analysis of the Satya Kiran Healthcare Pvt. Ltd. vs. ITO case regarding TDS deduction disputes, its implicati...

March 18, 2024 651 Views 0 comment Print

Madras HC Grants Interim Stay in Cognizant’s Tax Case Appeal against ITAT Order

Income Tax : Madras High Court halts Rs. 9403.09 Cr Income Tax demand against Cognizant Technology Solutions India. Detailed analysis and impli...

December 31, 2023 831 Views 0 comment Print


ITAT Deletes section 271C Penalty for Failure to Deduct TDS on LTA

October 5, 2020 5787 Views 0 comment Print

The issue under consideration is whether the penalty u/s 271C levied due to failure to deduct tax at source (TDS) on LTA paid to employee is justified in law?

No default due to Non Deduction of TDS on Interest where Form 15G is Submitted

September 29, 2020 828 Views 0 comment Print

The issue under consideration is whether assessee is considered as assessee in default u/s 201(1) and 201(1A) for non-deduction of TDS?

No Section 271C Penalty is absence of contumacious conduct by assessee

July 21, 2020 3333 Views 0 comment Print

The issue under consideration is whether the Ao is correct in levying penalty u/s 271C for failure to deduct tax at source u/s 194C on payment of external development work charges (EDC)?

TDS implication on purchase of property from NRI

July 3, 2020 232860 Views 61 comments Print

It is essential to note that in case of purchase of property, the buyer is responsible for deducting the applicable tax at source (i.e. TDS) and deposit the same with the Government. Since the buyer is required to deduct the TDS, he would obviously be required to fulfil all the relevant compliance like TDS payment; […]

No section 271C penalty for non-deduction of TDS on LTA

June 30, 2020 1017 Views 0 comment Print

The issue under consideration is whether the AO is correct in levying penalty u/s 271C of the Act for non-deduction of tax at source on Leave Travel Allowance?

Interest, Penalty, Prosecution & Other Consequences of TDS Defaults

March 28, 2020 30381 Views 5 comments Print

1. Prosecution etc. : U/s. 276B If a person deducts tax at source etc. but fails to pay the same to the credit of Central Government as prescribed, he can be sentenced to rigorous imprisonment for a term not less than 3 months and extendable upon 7 years with fine as well. Moreover, u/s 276BB, similar punishment is provided for a person who fails to pay to the credit of Central Government taxes collected at source u/s. 206C being a seller of alcoholic liquor for human consumption, Tendu leaves, timber merchant, dealer in forest produce and dealer in scrap etc.

Penalty not leviable for non deduction of TDS due to reasonable cause

March 13, 2020 4689 Views 0 comment Print

Santur Infrastructure Pvt. Ltd. Vs ACIT (ITAT Delhi) We are of the considered view that firstly, the assessee was not required to deduct TDS as the payment of EDC was not made out of any statutory and contractual liability to HUDA with whom the assessee has no privity of contract; secondly, the assessee has reasonable […]

No Penalty for TDS Default due to reasonable cause on Foreign LTC Paid to Staff

February 28, 2020 1305 Views 0 comment Print

State Bank of India Vs ACIT (ITAT Bangalore) The assessee is a banking institution. A survey u/s 133A of the Act was conducted in the hands of the assessee in order to verify compliance of TDS provisions. It was noticed that the assessee has provided LTC facility to its employees and some of the employees […]

Section 271C Penalty for failure / non-deduction / non-payment of TDS

February 2, 2020 55989 Views 0 comment Print

Understand the provisions of Section 271C of Income Tax Act, 1961 that impose penalties for TDS failure, non-deduction, or non-payment.

Consequences for TDS non compliances

October 30, 2019 7263 Views 4 comments Print

1. Disallowance of expenditure; u/s 40(a)(i) of and section 40(a)(ia), if Tax not deducted / not deposited till the due date of filing of return; a. Payment to Non-resident ;100% expenses disallowed b. Payment to resident ;30% expenses disallowed However, if tax is deducted or deposited in subsequent year, the expenditure so disallowed shall be allowed […]

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