VidhiSangh

Supreme Court of India · 10/04/2023

M/S US TECHNOLOGIES INTERNATIONAL PVT. LTD versus THE COMMISSIONER OF INCOME TAX

[2023] 4 S.C.R. 382 · 2023 INSC 329

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Summary

A software company deducted tax at source of about Rs. 1.10 crore on salaries and contract payments for assessment year 2003-04 but remitted it late, the delay ranging from five days to ten months. Interest under Section 201(1A) was levied, and the Additional Commissioner then imposed penalty under Section 271C equal to the entire tax deducted, which the Kerala High Court upheld; in connected appeals the High Court reversed the Tribunal's deletion of similar penalties. The Supreme Court allowed the assessees' appeals, holding that Section 271C(1)(a) penalises only failure to deduct the whole or any part of tax, that penal provisions must be read strictly as they stand, and that the consequences of belated remittance of tax already deducted are interest under Section 201(1A) and prosecution under Section 276B, not penalty under Section 271C.

Issues

  1. Whether an assessee who deducts tax at source but remits it belatedly to the Government is liable to penalty under Section 271C of the Income Tax Act, 1961.
  2. What is the meaning and scope of the words fails to deduct in Section 271C(1)(a), and whether they cover failure to deposit tax deducted.

Provisions considered

Held

Result

Appeals allowed; Kerala High Court judgments confirming penalty under Section 271C quashed and set aside; question of law answered in favour of the assessees, holding that no penalty is leviable under Section 271C on mere belated remittance of tax deducted at source; no costs.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 382.