TaxTMI 
TaxTMI 
TaxTMI 
2017 (5) TMI 411
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....'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 law. 2. On the facts and in the circumstance....
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.... 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 As there was a delay in filing of the quarterly TDS statements beyond the time prescribed u/s 200(3) of 1961 Act read with Rule 31A of Income-tax Rules, 1962, the A.O. asked the assessee to expla....
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....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 rules observed that there was a substantial delay of 437 days to 772 days by the assessee in filing of the quarterly TDS statement for various quarters of financial year 2008-09 on the pretext that PAN of few d....
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....TR(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 submitted that the A.O. was quite right in levying the penalty u/s 272A(2)(k) of the Act as due to this delay , the deductees of the TDS had suffered as they did not get credit of prepaid taxes by way of TDS in time. 8. We ha....
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....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 credit of TDS to deductees by Revenue due to delay in uploading of quarterly TDS statements in form no 24Q/26Q by deductors of TDS. It could be seen from the above chart that the delay in filing quarterly TDS statements in form no 24Q/26Q for financial year 2008-09 by the assessee ranges from 437 days to 772 days which by all yardsticks is significant delay in fil....
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....ments 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 substantiate its claim to satisfy the mandate of section 272A(2)(k) of the Act r.w.s. 273B of 1961 Act and these evidences shall be admitted by the AO in the interest of justice. Needless to say that proper and adequate opportunity of being heard shall be provided by the A.O. to the assessee in accordance with the principles of natural justice in accordance with l....