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K. R. SHRIRAM, FIRDOSH P. POONIWALLA
Sofitel Realty LLP – Appellant
Versus
Income Tax Officer (TDS) - Ward-2(2)(4), Mumbai – Respondent
JUDGMENT :
K.R. Shriram, J.
1. Petitioner no.1 is a Limited Liability Partnership firm. Petitioner nos.2 and 3 are partners of petitioner no.1. For the period of assessment year 2009-2010, petitioner no.1 for various reasons did not deposit the TDS amount that it had deducted with the income tax authorities. Petitioner no.1 deposited those TDS amounts on or about 23rd March 2010 beyond the time provided for deposit. This was before petitioners even received a show cause notice from the department. There is no outstanding on amount of TDS.
2. Petitioners received the show cause notice dated 30th November 2011 calling upon petitioners to show cause as to why prosecution against them be not lodged for offence under Section 276B read with Section 278B of the Income Tax Act, 1961 (the Act). On 26th March 2012, petitioners filed a compounding application dated 5th March 2012 (first application) in the prescribed format. On 25th February 2013, hearing notice was issued to petitioners and petitioners were given a personal hearing. Chief Commissioner of Income Tax, i.e., respondent no.3 de
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