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Admittedly, it is the case where tax was deducted at source and was remitted belatedly. It was in such a factual background that proceedings were initiated and penalty was levied under Section 271C of the Income Tax Act. In order to sustain the appeals filed, the learned Senior Counsel for the appellant referred us to the provisions of Section 271C and contented that there was no willful or deliberate delay attracting the penalty provisions under Section 271C.

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Section 271C and 273B of the Income Tax Act, 1961 — Penalty — Where tax was deducted at source and was remitted belatedly, though with interest the provisions of section 271C are fully applicable, the penalty has to be imposed. Section 273B providing for waiver or reduction of penalty is not attracted in a case where tax was deducted and not remitted to revenue — Classic Concepts Home India P Ltd vs. Commissioner of Income Tax [2016] 383 ITR 626 (Kerala)

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