Supreme Court of India

M/s Us Technologies International Pvt. Ltd v. The Commissioner of Income Tax

Neutral citation
Reported as [2023] 4 S.C.R. 382
Bench M. R. Shah and C. T. Ravikumar JJ.
Decided 10 April 2023

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

In view of the above and for the reasons stated above , all these appeals succeed.

Judgment, page 15

From the headnote

Income Tax Act, 1961 – s.271C – Interpretation of – Belated remittance of the TDS after deduction, such assesse e if liable to pay penalty u/s.271C – Held: No –s.271C(1)(a) shall be applicab le in case of failure on the part of the concerned pers on/assessee to “deduct” the whole or any part of the tax as required by or unde r the provisions of Chapter XVIIB – Words used in s.271C( 1)(a) are ‘fails to deduct’ – It does not speak about belated remittance of the TDS – Thus, there shall not be any penalty leviable u/s.271C on mere delay in remittance of the TDS after the same is deducted by the

Where later benches applied it

Of those, 1 referred to

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