2018 (5) TMI 1984

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....0(3) r.w. Rule 31A of the I.T. Rules, 1962 as under- S. No Form No. Qrtr F.Y. RPRNo. Due date Date of filing Delay Tax Amt. deducted (in Rs.) Max. penalty leviable (in Rs.)   1 26Q Q1 2009-10 30170200345106 15.07.09 14.07.11 729 61,562   61,562 2 26Q Q2 2009-10 30170200345110 15.10.09 14.07.11 637 46,861   46,861 3 26Q Q3 2009-10 30170200345121 15.01.10 14.07.11 545 36,449   36,449 4 26Q Q4 2009-10 30170200345132 15.06.10 14.07.11 394 73,919   39,400                 TOTAL 1,84,272 &....

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....ellant to collate the date for past year. 2.3. You will also appreciate that 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. 2.4 Late filing of TDS returns is a technical default. One should not be penalized for technical default. This view has been taken by various Tribunals and courts. In view of the foregoing and the fact that penalty provisions been amended in budget 2012 by incorporating new section 234E to levy fee of Rs. 200 per day for delay in filing TDS return indicating thereby penalty should not be levied in a case where taxes were paid in time and there is no loss to revenue. 2.5. Th....

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....(2008) 172 Taxman 339 (Delhi) where it was held that revenue was seeking to levy penalty only because it had power to do so without exercising the discretion. In such technical defaults, there is hardly any reason to levy penalty. B) Branch Manager, Punjab National Bank v. Addl CIT (2011) 140 TTJ 622/16 iaxman.com 318 (Lucknow) where it was held Non-filing of quarterly statements does not involve any revenue loss & is a mere technical default. Even otherwise, there was only a technical & venial breach of the provision contained in rule 31A of income tax Rules, 1962 requiring the assessee to submit quarterly statements of deduction of tax under sec. 200(3) within the time prescribed. Such delay had not caused any loss to the revnue.....

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....iling of TDS returns would certainly entail imposition of penalty at prescribed rates. Further, the assessee incurred the same default over several years, which do not justify deletion of penalty. 4. We have heard the rival contentions and perused the relevant material on record which prima facie reveals that the assessee has deposited the TDS with interest as applicable from time to time. We find some strength in the arguments of the Ld. AR that assessee was an individual working in the unorganized sector and therefore, not fully conversant with the complex TDS provisions and had to depend upon some experts to comply with these provisions as TDS provisions certainly require certain higher degree of understanding of TDS provisions ....