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| The Tax Publishers2019 TaxPub(DT) 4960 (Bang-Trib) INCOME TAX ACT, 1961
Section 271C
Although LFC claim was made by many employees, however, objection was only regarding 12 employees and for this reasons, it could not be that assessee bank had not deducted tax intentionally. Assessee had complied with Tribunal order in quantum proceedings and deposited outstanding demand along with interest and had taken corrective steps in the subsequent years as well. On this factual aspect required details were not available on record and there is no finding of any of the authorities below on this factual aspect, accordingly, matter was remanded for decision afresh after examining the facts of the case in light of Tribunal order after providing adequate opportunity of being heard to assessee.
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Penalty under section 271C - Non-deduction of tax from LFC claim made by employees - No clear factual finding available on record -
AO levied penalty under section 271C on the ground of non-deduction of tax from LFC amount even though journey undertaken by employees involved a foreign leg.Held: Although LFC claim was made by many employees, however, objection was only regarding 12 employees and for this reasons, it could not be that assessee bank had not deducted tax intentionally. Assessee had complied with Tribunal order in quantum proceedings and deposited outstanding demand along with interest and had taken corrective steps in the subsequent years as well. On this factual aspect required details were not available on record and there is no finding of any of the authorities below on this factual aspect, accordingly, matter was remanded for decision afresh after examining the facts of the case in light of Tribunal order after providing adequate opportunity of being heard to assessee.
REFERRED :
FAVOUR : Matter remanded.
A.Y. : 2011-12 to 2013-14
IN THE ITAT, BANGALORE BENCH
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