2017 (1) TMI 1632

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....ent appeal preferred by the assessee is directed against the impugned order dated 4th March 2014, passed by the learned CIT(A)- 14, Mumbai, for the assessment year 2010-11, in the matter of order under section 272A(2)(k) of the Income Tax Act, 1961 (for short "the Act"). 2. Brief facts are, the assessee is an individual carrying on business of courier services in the name and style of "M/s. Eag....

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.... assessee and levied penalty under section 272A(2)(k) for delay in filing of TDS returns. 3. By the impugned order, learned CIT(A) confirmed the action of the Assessing Officer against which the assessee is in further appeal before us. 4. We have considered the submissions of the parties and perused the material available on record. We find that there was a reasonable cause for delay in fili....

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....fe to act on behalf of the assessee. We also find that the assessee has been regular in filing its TDS returns in other assessment years and has also been regular in filing income tax returns in all the assessment years. The delay was only procedural and default, if any, was not deliberate and intentional. There could be no deliberate intention of delaying the submission of TDS returns. This shows....

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....n Rajasthan Tribal Area Development Co-Op. Federation Ltd. v/s ITO, 60 TTJ 427 (Jai.) held that for mere failure to furnish TDS returns, penalty was not justified as there was no default in deducting tax at source or in deposing the tax in government treasury. The Tribunal, Mumbai Bench, in Royal Metal Printers Pvt. Ltd. v/s ITO, [2010] 37 SOT 139 (Mum.), had categorically stated that the delay in....