TaxTMI 
TaxTMI 
2020 (1) TMI 1051
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....sposed off by this consolidated order. For the sake of convenience, we shall take into consideration the facts and grounds mentioned in ITA No.220/CTK/2019 for the Financial Year 2007-2008 relevant to assessment year 2008-2009 for deciding all the appeals. 3. The sole issue involved in all the appeals is relating to confirming the penalty imposed by the AO u/s.272A(2)(k) of the Act. 4. Brief facts of the case are that the assessee filed the quarterly statements of TDS in Form Nos.24Q and 26Q of different quarters for the financial year 2007-2008. Since there was no reasonable explanation for huge delay in filing the 24Q and 26Q statements, the JCIT(TDS) concluded that the penalty u/s.272A(2)(k) of the Act is leviable in the case of the ....
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....rtaking and there was no mens rea involved on this issue and the tax was duly deducted by the assessee and it was also deposited in the Government treasury within the stipulated time and, therefore, there is no loss to the exchequer. Therefore, the assessee should get immunity as per the provisions of Section 273B of the Act. In support of his arguments, he relied on the judgment of the coordinate bench of the Tribunal in the case of Director, Printing, Stationery & Publication Vs. Adl.CIT(TDS), ITA No.111/CTK/2013 and other connected appeals, dated 11.03.2013. 8. On the other hand, ld. DR relied on the order of lower authorities and submitted that the assessee could not establish the reasonable cause for non-filing TDS return with the pre....
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....DS has been deducted and paid to the Government but in case of refund the exchequer suffers loss by way of interest on refund which has paid by the Income Tax Department to the deductee. The assessee could have asked to his employees to furnish their PAN by way of in writing so that it can be considered that there was a reasonable cause for not filing of PAN by the deductee, however, no such instance has been provided by the ld. AR of the assessee before us. The assessee was also not prevented by any reasonable cause for delay in filing the 24Q & 26Q statements as required by the Act for all the quarters in a financial year. The case law cited by the ld. AR of the assessee is distinguishable from the present facts of the case. Quarterly fil....