In Brief
A software company deducted tax at source (TDS) from salaries and payments but remitted portions belatedly, with delays ranging from 5 days to 10 months. Tax authorities levied penalty under Section 271C equal to the entire TDS amount. The High Court upheld this. The Supreme Court allowed the appeals, holding that Section 271C applies only to failure to deduct tax, not to belated remittance of tax already deducted. The appropriate remedy for delayed remittance is penal interest under Section 201(1A), not penalty under Section 271C. The Court emphasised strict literal interpretation of penal provisions and the legislative intent reflected in separate TDS-related sections.
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