1999 (8) TMI 111

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... against the order of the CIT(A) confirming levy of penalty under s. 272A(2)(c) of the IT Act for delay in submission of information regarding deduction of tax at source. 2. In reply to show-cause notice issued by the AO under s. 272A(2)(c) of the IT Act, the assessee had contended that tax was deducted and deposited with the exchequer in time. However, delay in the submission' of Form No. 26 h....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ble cause. It was further held that assessee had the advantage of having advice of regular consultant and, therefore, delay could not be condoned on account of negligence of employees. The penalty in question was imposed and confirmed on appeal. 3. Before us, Shri M.J. Shah the learned counsel for the assessee, reiterated that tax deducted at source was deducted and paid in time, but there was ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e is nothing unbelievable if assessee's accountant was not fully conversant with the statutory provision relating to submission of Form No. 26. The fact that assessee has a regular income-tax consultant would not mean that consultant had given advice to the assessee and in spite of that advice, the requisite form was not filed in time. There is no such material on record to support the above concl....