2021 (6) TMI 504

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....(A) This appeal in ITA No. 4503/Mum/2019 for A.Y. 2012-13 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-59, Mumbai in appeal No. CIT(A)-59/IT-65/2016-17 dated 25/04/2019 (ld. CIT(A) in short) in the matter of imposition of penalty u/s. 272A(2)(k) of the Income Tax Act, 1961 (hereinafter referred to as Act). 2. The only effective issue to be decided in this appeal is....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....8/05/2015 1228 4 26Q Other than salary 15/05/2012 05/01/2016 1330         Total 5007 3.1. For the aforesaid delay, the ld. AO proceeded to levy penalty @100/- per day in terms of Section 272A(2)(k) of the Act and accordingly, arrived at the penalty amount of Rs. 500,700/-. This levy of penalty was upheld by the ld. CIT(A) on the ground ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....he balance amount of tax in default amounting to Rs. 70,27,550/- prior to the date of commencement of the present penalty proceedings. The assessee submitted that since the tax deducted was not paid in time, the TDS statements could not be filed electronically. According to assessee, the same constituted reasonable cause within the meaning of section 273B of the Act and hence there cannot be any l....