2013 (10) TMI 1461

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.... appellant that it is purely technical nature and newly introduced Act for which the appellant is not conversant. 3. That the ld. CIT(A) should have considered that there was reasonable cause of delay in furnishing statement in Form 26Q and there was no revenue loss to the department at all. 4. That the penalty levied is highly excessive and arbitrary being personal liability of the appellant who would suffer without fault. For submission of Form 26Q number of details including PAN of customer etc., and persons like NSDL authorities/legal counsel required which is the beyond the control of the appellant." 2. All the above grounds are interconnected, therefore, disposed of by this appeal. 3. The short facts of the cas....

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....wever, an adjournment application was filed. Since the issue can be decided on merits, we proceed to dispose of the appeal ex parte after hearing ld. D.R. and on the basis of material available on record. 6. Ld. D.R. submitted that there is a delay of 848 days in the first quarter, 756 days in second quarter, 664 days in third quarter and 513 days in 4th quarter of financial year 2008-09 in filing e-TDS return. The penalty has been imposed as assessee has not shown any reasonable cause to explain the delay. The explanation given by the assessee for non-filing of e-TDS return is not acceptable. Therefore, there was no reasonable cause not to file e-TDS returns by the assessee for more than 2781 days in all the four quarters. He therefore,....

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.... 1.4.2005 and assessee was completely ignorant about provisions of law. Moreover, this was a technical in nature and DDO was not conversant with the submission of statement with the I.T., Department after duly introduction of Section 272A(2)(k). Thus, there was a delay in filing the statement. When the Bank Manager knew this technical flaw, he engaged an advocate for expending the statement to I.T. Authorities through NSDL. The advocate who was engaged with the job for preparing statement found difficult in completing the details submission in absence of PAN of all customers at the relevant time. Therefore, the advocate has taken time to get this information. Moreover, there are frequent transfers of Branch Manager and other staff, for whic....