Union Bank of India v. ACIT ( 2018) 172 DTR 337 / 305 CTR 994/(2019) 260 Taxman 23 / 415 ITR 422 (All)(HC)

S. 271C : Penalty – Failure to deduct at source – Interest- Failure to deduct tax at source at the time of credit of payee-No reasonable cause is shown -Liable to penalty. [S. 194A(4), 273B]

Dismissing the appeal of the assessee the Court held that; in terms of section 194A(1), time of deduction of tax is  time at which interest is to be credited to account of payee or when it is paid in cash/cheque Accordingly, deduction of tax at source on interest income before close of financial year concerned as provided under section 194A(4) would not absolve assessee bank from penalty for not deducting tax at source at time of credit of said income in payee’s account. Levy of penalty is justified. (AY. 2012-13)