Ravi Plant Biotechnologies Ltd. vs. Addl. Commissioner of Income Tax, TDS, Vadodara

Parties Involved

Facts Summary

The assessee, Ravi Plant Biotechnologies Ltd., is engaged in the manufacture and sale of Pesticides and Agrochemicals. A survey conducted by the TDS Range at the company's premises on 18.02.2016 revealed that TDS deducted from various payments was not deposited with the Department. The Assessing Officer (ITO, TDS) passed an order under Section 201(1) of the Income Tax Act, 1961 treating the assessee as assessee in default and proposed for initiation of penalty proceedings. Penalty proceedings under Section 271C of the Act were initiated by issuing a notice dated 09.11.2017. The assessee failed to appear or provide any explanation before the Assessing Officer (TDS), resulting in a penalty of Rs.12,38,565/- being imposed. The assessee filed an appeal before the CIT(A), which was dismissed. The assessee requested that the delay in filing the appeal be condoned, citing severe fund crunch and pressure from suppliers as reasons for the delay.…

Legal Issues

• 1. Whether the delay in filing the appeal should be condoned?
• 2. Whether the penalty imposed should be reviewed?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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