2017 (4) TMI 1492

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....upama Singla, Ld. DR ORDER Manoj Kumar Aggarwal (Accountant Member)   1. These are two appeals by Assessee for Assessment Years [AY] 2009-10 & 201011 which assails separate order of Ld. Commissioner of Income Tax (Appeals)-1 [CIT(A)], Mumbai both dated 04/03/2016 qua confirmation of penalty u/s 272A(2)(k) for Rs. 67,500/- and Rs. 58,200/- respectively. Since, both appeals springs out....

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....arrying on the business of transport in the unorganized sector and was not fully conversant with the complex TDS provisions, which resulted into delay in filing of TDS returns. Further, there was delay in TDS payment by the assessee and therefore, the assessee could not file the TDS returns before deposit of TDS with the revenue. The Ld. CIT(A) partially accepting the contentions of the assessee r....

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....nsporters about TDS provisions. Moreover, the assessee deposited the due TDS along-with applicable interest, which do not justify the penalty. Reliance was placed on the order of Rajkot Tribunal (SMC) in Bharat Kumar Manilal Vs. JCIT [121 Taxman 361order dated 1/11/2001]. Per contra, Ld. DR, Dr. Anupama Singla, drew our attention to the express penal provisions as contained in Section 272A to cont....

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.... also note the fact that the TDS compliances have undergone frequent changes over the last decade in terms of deduction, deposit, e-filing of TDS returns and generation of TDS certificates etc.  Therefore, without delving much deeper into the issue on merit, we are inclined to delete the said penalty on the facts and circumstances of the case and accordingly, allow assessee's appeal. 5. No....