P.R. Ramachandra Menon, J.

1. The pertinent question sought to be answered as per the Reference Order dated 06.12.2017 passed by a Division Bench of this Court is whether Clause (b) of Sub-Section (1) of Section 271C of the Income Tax Act (hereinafter referred to as the Act), stipulating penalty of an equal amount of tax on the failure of the person concerned to deduct or pay the tax, would take in the situation under Clause (a) of sub-section (1) of Section 271C as well; or in other words; are not the above two provisions, clauses (a) and (b), operating in two different spheres, independent of each other, to attract penalty on establishing the specified event? One step further; does the lapse to deduct the whole or any part of the tax [as required by or under the provisions of Chapter XVIIB of the Act] stipulated under Sec. 271C(1)(a) will result in any automatic imposition of penalty, even denying the eligibility to claim the benefit of Section 273B of the Act, as held by a Division Bench of this Court in U.S. Technologies International Pvt. Ltd. vs. Commissioner of Income Tax, 2010 KHC 6118 : 2010 (1) KLT 66? Does the law declared by the Division Bench in U.S. Technolog