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of <h1>Penalty upheld for late filing of tax statements under Income Tax Act</h1> <h3>Star Quenchers Spirit Pvt. Ltd. Versus JCIT – TDS Range, Nashik.</h3> Star Quenchers Spirit Pvt. Ltd. Versus JCIT – TDS Range, Nashik. - TMI Issues Involved:1. Deletion of Penalty2. Jurisdiction of CIT(A)3. Application of Mind by CIT(A)4. Equitable Relief5. Additional Grounds and EvidenceSummary:1. Deletion of Penalty:The assessee contested that the CIT(A) failed to delete the penalty as directed by the ITAT. The Joint Commissioner of Income Tax (TDS) had observed delays in filing quarterly statements u/s 200(3) of the Act and levied a penalty of Rs. 1,09,304/- u/s 272A(2)(k) of the Income Tax Act, 1961. The ITAT upheld the penalty, noting that the assessee did not provide any valid reason for the delay in filing the quarterly statements.2. Jurisdiction of CIT(A):The assessee argued that the CIT(A) exceeded his jurisdiction by confirming a penalty of Rs. 1,09,304/- instead of Rs. 16,300/- as directed by the ITAT. The ITAT found that the CIT(A) had acted within his jurisdiction as per the directions for denovo-adjudication.3. Application of Mind by CIT(A):The assessee requested to levy costs on CIT(A) for non-application of mind and not following ITAT directions. The ITAT found that the CIT(A) had provided sufficient opportunity to the assessee, who failed to avail it, and thus dismissed this ground.4. Equitable Relief:The assessee sought just and equitable relief. The ITAT, however, upheld the penalty, emphasizing the importance of timely filing of e-TDS returns for effective tax administration and compliance.5. Additional Grounds and Evidence:The assessee prayed to add, alter, amend, take additional grounds, submit additional evidence, and/or withdraw the grounds during appellate proceedings. The ITAT did not find any new evidence or grounds to alter the penalty decision.Conclusion:The ITAT dismissed the appeal of the assessee, upholding the penalty order u/s 272A(2)(k) of the Income Tax Act, 1961, and emphasized the necessity of timely filing of e-TDS statements to ensure efficient tax administration and compliance. The order was pronounced in open Court on 04th May, 2023.
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