COMMISSIONER OF INCOME TAX Vs. GENERAL ENGINEERING WORKS

JUDGEMENT

(1.) THE common question involved in both the appeals is as to whether Income -tax Appellate Tribunal (for short as 'Tribunal') was right in deleting the penalty imposed by the AO under s. 272A(2)(g) of the IT Act, 1961(for short as 'Act').

(2.) TRIBUNAL in ITA Nos. 4417 and 4418/Del/2004 for the asst. yr. 2000 -01, whereby the Tribunal deleted the penalties imposed by the AO on the ground that was a reasonable cause with the assessee for failure to issue the TDS certificates within the stipulated time.

(3.) THE assessee has filed TDS return and it was noticed by the ITO that the assessee had not issued TDS certificates within the prescribed time. Since there was delay, the matter was referred to Jt. CIT for penalty.