2020 (9) TMI 1092

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.....AO noticed that, there was failure on part of assessees to file quarterly returns of TDS in Form 24Q and 26Q for the years under consideration within the stipulated time, required by sub-section (3) of section 200 r.w. Rule 31A(2) of the I.T. Rules, 1962. He therefore, initiated penalty proceedings and issued notices under section 274 dated 17/12/2010, requiring assessee to show cause as to why penalty under section 272A(2)(k) should not be imposed for their failure to file TDS returns within stipulated time. In response to the said notices, the following explanation was offered by the assessee. It was been submitted that assessee deducted TDS for various quarters, during financial years 2009-10 and 2010-11, but submitted quarterly stateme....

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....25,73,760 387 39,700 24Q Q2 27,92,527 305 30,500 24Q Q3 27,92,527 213 21,300 24Q Q4 27,92,527 63 6,200 26Q Q1 3,36,058 385 38,500 26Q Q2 3,36,058 293 29,300 26Q Q3 3,36,058 201 20,100 26Q Q3 3,57,088 50 5,000 TOTAL Rs. 1,90,600/-   Form Num Periodicity TDS Amount Delay (Days) Penalty Amount 24Q Q1 5,89,680 476 47,600 24Q Q2 5,89,680 384 38,400 24Q Q3 5,89,680 292 . , 29,200 24Q Q4 5,89,680 172 17,200 26Q Q1 1,92,872 291 29,100 26Q Q2 2,55,372 199 19,900 26Q Q3 255,372 107 10,700 TOTAL Rs. 1,92,....

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....verning provisions of Sec.271B of the Income Tax Act. Identical issue, however, has been decided by the Mumbai ITAT in the case of Dr. Khan Industrial Consultants (P) Ltd., Vs. Addl. Commissioner of Income-tax (TDS), Range Thane [2017} 81 tamann.com 219 (Mumbai - Trib.17.)" 7. Aggrieved by order of Ld.CIT(A), assessee is in appeal before us now. 8. Admittedly, assessee deposited TDS amount to the credit of Government with interest as on 31/03/2010 and 04/08/2010 for assessment year 2010-11, and for A.Y:2011-12 on 12/04/2011, 10/09/2011 and 29/09/2011. It is also an admitted fact that assessee filed all four quarterly returns on 04/08/2010 and 16/08/2010 for A.Y:2010-11, and for A.Y:2011-12 on 02/05/2011 and 03/11/2011. Copies of TD....

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....g of TDS returns, and delay cannot be considered to be technical. Reason for delay in filing the returns was non availability of accountant. From documents placed at page 35- 53, for assessment year 20010-11, assessee filed 26Q return of 04/08/2010 and 24Q return was filed on 16/08/2010. For assessment year 2011-12, 26Q returns was filed on 05/05/2011 and 24Q was filed on 03/11.2011. From letter placed at page 145, it is crystal clear that, new accountant took charge with assessee's office on 15/08/2010. Therefore, reasoning that, assessee was unable to file returns, due to non availability of accountant cannot be accepted atleast for assessment year 2011-12. 13. However, considering the illness of Managing Director, during relevant p....