Presumption Of Correctness Of Judicial Records Not Absolute And Can Be Rebutted By Direct Evidence: Kerala High Court on Married Daughter Cannot Challenge Partition After 21-Year Slumber If She Had Knowledge: Madhya Pradesh High Court Kerala High Court Orders Immediate Suspension Of Lakshadweep CJM For Allegedly Forging Witness Deposition To Convict Accused Supreme Court Bars Post-Divorce Maintenance Claims When Wife Voluntarily Waived Maintenance In Settlement Agreement Advocate Is An Officer Of Court, Not Mere Agent Of Client: Allahabad High Court Distinguishes Between Active Concealment & Statement In Ignorance, Slaps Cost On Litigants For Misleading Bench Cannot Summon Accused Mechanically On Protest Petition Without Assigning Justifiable Reasons: Andhra Pradesh High Court Increment Not A Bounty: Allahabad High Court Rules Public Holiday Cannot Delay Pay Hike For Teachers Joining Next Working Day Paying Taxes Or Utility Connections Confer No Legal Ownership Over Govt Land': Andhra Pradesh High Court Orders Demolition Of Encroachment 'Cannot Compel Public Authority To Collect Data From Private Bodies': Bombay High Court Quashes CIC Orders Directing SEBI To Procure BSE Records Under RTI Act Section 10 CPC Cannot Stay Previously Instituted Title Suit Pending Subsequent Probate Case; Inherent Powers Under Section 151 Inapplicable When Probate Dismissed: Calcutta High Court Mere Phone Calls Without Transcripts No Ground For Murder Conspiracy: Delhi High Court Clear Violation Of Section 42 NDPS Act': Gujarat High Court Holds Failure To Record Secret Info In Writing Fatal When Police Officer Had Time To Act JK High Court Quashes Criminal Case Against Cop Accused Of Threatening Advocate Over Phone Call Without Prior Sanction Under Section 197 CrPC Custody Unwarranted For Mere Formalities Once Weapon Is Recovered: Kerala High Court Grants Regular Bail In BNS Axe Attack Case Circumstances Of Crime Can Be Assessed During Trial: High Court Upholds Trial Of Minor As Adult Under JJ Act In Murder Case Statutory Deposit Under Order 21 Rule 89 CPC Is A Sine Qua Non; Litigant Cannot Stall Auction Sale By Merely Blaming Counsel: Madras High Court Ban Junk Food Within 50 Metres Of Schools: Rajasthan High Court Takes Suo Moto Cognizance To Enforce FSSAI Norms, Protect Children From Obesity

Supreme Court Rules No Penalty Under Section 271C of Income Tax Act for Belated TDS Remittance

07 May 2024 8:19 AM

By: Admin


In a recent judgment, the Supreme Court of India clarified that no penalty shall be levied under Section 271C of the Income Tax Act, 1961 for belated remittance of Tax Deducted at Source (TDS). The court emphasized the strict interpretation of penal provisions and analyzed the relevant statutory provisions to arrive at its conclusion.

The case involved multiple appeals challenging the imposition of penalties under Section 271C of the Income Tax Act for belated remittance of TDS. The assessees contended that the penalties were not justifiable as they had deducted the TDS but remitted it belatedly. The issue before the court was whether penalties could be imposed for belated remittance of TDS under Section 271C.

The assessees argued that Section 271C(1)(a) only applies to cases of failure to deduct TDS, and the provision does not encompass belated remittance. They relied on the strict interpretation of penal provisions and emphasized that the language used in Section 271C(1)(a) clearly refers to "fails to deduct" and does not mention belated remittance.

On the other hand, the Revenue argued that Section 271C was inserted to penalize both non-deduction and belated remittance of TDS. They contended that any other interpretation would frustrate the purpose of the provision, which aimed to levy penalties for failure to deduct tax at source.

The Supreme Court carefully examined the statutory provisions, including Section 271C, Section 201(1A) (which deals with interest on belated remittance), and Section 276B (which addresses prosecution for failure to pay TDS). The court observed that Section 271C(1)(a) clearly focuses on the failure to deduct TDS and does not mention belated remittance.

The court further emphasized that penal provisions should be strictly construed and interpreted as they are, without adding or subtracting anything from the language. It held that the consequences of non-payment or belated remittance of TDS are specifically addressed under other sections of the Act, such as Section 201(1A) and Section 276B.

The court also referred to a CBDT Circular No. 551 dated 23.01.1998, which acknowledged that no penalty is envisaged under Section 271C for belated remittance or non-deduction of TDS. The circular clarified that penalties under Section 271C were meant for failure to deduct tax at source.

Based on the analysis of statutory provisions and the CBDT Circular, the Supreme Court ruled in favor of the assessees. It held that no penalty shall be levied under Section 271C for belated remittance of TDS after deducting the same. The court quashed the impugned judgments and orders of the High Court, allowing the appeals.

M/s US Technologies International Pvt. Ltd. Versus The Commissioner of Income Tax        

Latest Legal News