2013 (11) TMI 1680

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....wla (Judicial Member) The appeal by the assessee is directed against the order of the CIT(Appeals) dated 18.07.2013 relating to financial year 2009-10 against the penalty levied under section 272A(2)(k) of the Income-tax Act, 1961 ( 'the Act' for short). 2. The grounds of appeal raised by the assessee read as under : 1. That on the facts and in the circumstances of the case ....

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.... explain why penalty under section 272A(2)(k) of the Act should not be levied for late filing of the quarterly returns. There was no response from the assessee and the Assessing Officer, in view thereof held the assessee to be in default and penalty @ Rs. 100/- per day of default was levied for delay of 1885 days in respect of the four quarterly TDS returns, but the same was restricted to Rs. 45,4....

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.... i.e. the tax deducted at source were deposited much before the actual date of filing the TDS return and the credit for the same has not been allowed to the assessee. 7. The ld. DR for the revenue placed reliance on the order of the CIT(Appeals). 8. We have heard the rival contentions and perused the record. The issue arising in the present appeal is in relation to levy of penalty under sect....

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....0.02.2010 15.01.2010 1.04.2011 441 9187 IV 9187 08.11.2010 15.06.2010 1.04.2011 289 9187 Total: 31894         23774 9. In the totality of the abovesaid facts and circumstances, where assessee had deposited the amount of tax deducted at source on the respective dates, we are of the view that the penalty under section 272A(....