1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 409 OF 2006 The Commissioner of Income Tax-TDS, Mumbai. ..... ... ..... Appellant. Versus M/s. IMS Ship Management Ltd. ... ..... Respondent. Mr. Avinash D. Kango, APP for the Appellant. None for the Respondent. CORAM : BILAL NAZKI and S. S. SHINDE, JJ. DATED : 27TH JUNE, 2008. P.C.: Penalty was levied on assessee on account of delay in issuing TDS Certificate. It was not disputed that the tax deducted was duly paid to the Government account and there was no loss to the revenue. The Tribunal found that delay in issuance of TDS Certificate was technical default and reduced the penalty which was imposed in terms of Section 272(A)(2). The question has been framed in the appeal to suggest that there is no discretion with the authority to reduce the penalty under Section 272(A)(2) as the Section lays down that a penalty of Rs.100/- per day during the failure continues. 2 2. We have, however, found that submitting delayed TDS Certificate does not fall within any of the clauses (a) to (l) of Section 272(A)(2). Therefore, in our view, under this provision no penalty could have been imposed upon the assessee. As such no question arises. The appeal is, accordingly, dismissed. Sd/- (BILAL NAZKI, J.) Sd/- (S. S. SHINDE, J.)