|QUERY:||Where the assessee was in default in filing of return, though the T.D.S. was deposited in time, save himself from penalty u/s. 272A(2)(c)?|
|ANSWER:||Click here to read the full answer of the expert|
|EXPERT:||CA. H. N. Motiwalla|
|SECTION(S):||200(3), 206C(3), 272A(2)(c)|
|CATCH WORDS:||Penalty, tax deducted at source|
When TDS was deposited in time, there is no loss to the revenue. However, non filing TDS return is a technical default.
In Hindustan Steel Ltd. vs. State of Orissa [83 ITR 26]; the Supreme Court has held that, even if a minimum penalty is prescribed, the authority competent to impose the penalty will be