AI Drafter 
TaxTMI 
TaxTMI 
2017 (5) TMI 411
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....T (A)") pertaining to the assessment year's 2009-10 to 2011-12. Since identical issues are involved in all three appeals, these appeals were heard together and are disposed of by this common order for the sake of convenience and brevity. 2. First, we shall take up the appeal filed by the assessee in ITA No. 4659/Mum/2016 for assessment year 2009-10.The common grounds of appeal raised by the assessee in all these appeals (only difference in amount) in the memo of appeals filed with the Income-Tax Appellate Tribunal, Mumbai (hereinafter called "the Tribunal") read as under:- "1. On the facts and in the circumstances of the case and in law, the penalty order passed u/s 272A(2)(k) levying a penalty of Rs. 2,89,551/- is invalid and bad in ....
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.... S.No. Form No. Qrtr F.Y. RPR No. Due date Date of filing Delay Tax.Amt. deducted (in Rs.) Max. penalty leviable (in Rs.) 1 24Q Q4 2008-09 70700500204460 15.06.09 20.07.11 765 143575 76,500 2 26Q Q1 2008-09 70700300541964 15.07.08 26.08.10 772 51237 51,237 3 26Q Q2 2008-09 70700300541942 15.10.08 26.08.10 680 72080 68,000 4 26Q Q3 2008-09 70700300541931 15.01.09 26.08.10 588 50114 50,114 5 26Q Q4 2008-09 70700300541920 15.06.09 26.08.10 437 138134 43,700 TOTAL 2,89,551 ....
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....eductees of TDS and also the director of the assessee company was diagnosed with cancer. It was submitted that the TDS amount deducted had been deposited with the Government and there was no loss to the Revenue, hence, the assessee prayed that the assessee had a reasonable cause for delay in filing of the quarterly TDS statements and penalty levied u/s 272A(2)(k) of 1961 Act may be deleted . In support, the assessee relied on the following case laws:- 1. Azadi Bachao Andolan v. Union of India (2001) 252 ITR 471 (Delhi) 2. Woodward Governors India (P) Ltd. v. CIT (2001) 253 ITR 745 (Delhi) 3. Kalakrithi v. ITO (2002) 253 ITR 754 (Mad.) The ld. CIT(A) after considering the submissions of the assessee, provisions of Statute and rul....
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.... upon the following case laws in support of his contention:- 1. ACIT v. Karrox Technologies P. Ltd. [2014] 36 ITR (Trib) 39 (Mum.) 2. SBI v. JCIT [2015] 68 SOT 370/56 taxmann.com 311 4. PNB v.JCIT (2016) 46 ITR(trib.) 8 Chandigarh 7. The ld. D.R. submitted that the assessee has not filed any evidences/ details of deductees of which the PANs were not available and what efforts the assessee made to obtain PAN of these deductees . The assessee has also cited other reasons which is stated that the director of the assessee company was diagnosed with cancer which prevented the assessee from filing the quarterly TDS statement in form no 24Q and 26Q in time with Revenue which were filed with the delay of 437 days to 772 days. He submitt....
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....in time with Revenue which has led to inconvenience caused to the deductees as they do not get the credit for tax deducted at source by the assessee in their cases till the time the TDS statements were uploaded by the deductors which also exposes them to punitive action by Revenue. This delay is also fatal as it increases the work load of Revenue as they have to work extra to grant credit to various deductees whom credit cannot be granted at the first go due to failure of the defaulting deductor in uploading quarterely statements in form no 24Q/26Q in time. This also lead to un-necessary litigations of various bonafide tax-payers on the one hand for no fault of theirs and Revenue on the other hand due to mismatches in TDS and non grant of c....
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...., we are inclined to set aside and restore this matter back to the file of the A.O. for denovo determination of issue on merits in accordance with law keeping in view provisions of section 272A(2)(k) of the Act r.w.s. 273B of 1961 Act, after examination of the evidences filed by the assessee in its defense explaining reasonable cause in filing quarterly TDS statements in form no 24Q/26Q for financial year 2008-09 late beyond time stipulated by law. In case, the evidences filed by assessee in its are found to genuine and bonafide satisfying the mandate of Section 273B of 1961 Act, then no penalty shall be levied by the AO u/s 272A(2)(k) of 1961 Act. The assessee is directed to produce all necessary and relevant evidences before the A.O. to s....