Dismissing the appeal of the assessee the Court held that,from the order of Tribunal that the finding recorded by the tribunal to arrive at a conclusion is based on sound appreciation of material available before it. In fact, a clear finding has been recorded by the Tribunal that question of financial stringency pleaded by assessee was not proved. Even otherwise, it has been held that financial stringency would not justify the non-remittance of TDS to the Government, in as much as, it would amount to utilization of money payable to the appropriate government. As such, by extending its benevolence, Tribunal has directed the AO to restrict the levy of penalty to a sum of Rs.20,55,573/-in substitution to Rs.77,95,155/-levied by AO. This finding would not call for interference by us particularly when assessee having been declared as an assessee in default under S.  201 (1) of the Act by order dated 30.07.2013 and said order having not been challenged by the assessee.   (AY. 2013-14)