COMMISSIONER OF INCOME TAX Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) 2008 of Tribunal, Delhi Bench 'B' passed in ITA No. 509/Del/2008 for the asst. yr. 2004 -05, proposing to raise following substantial questions of law :

(2.) THE assessee is a Department of Haryana Government. It committed default in issuing TDS certificates under s. 203 of the Act. The AO initiated penalty proceedings and levied penalty under s. 272A(2)(g) of the Act. The stand of the assessee was that it was under bona fide belief that TDS certificates were to be issued and submitted with the annual return. On that account, there was delay. No loss was caused to the Revenue as the deduction of tax had already taken place. The AO did not accept this plea. On appeal, the CIT(A) accepted the explanation of the assessee and deleted the penalty, which order has been affirmed by the Tribunal. The Tribunal observed :

(3.) WE have heard learned counsel for the appellant.