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2011 (12) TMI 362 - ITAT, DELHIPenalty of Rs. 30,000 u/s 272B - Default for the failure on the part of the assessee to quote correct PAN in terms of provisions of section 139A - The learned counsel has contended that section 272B of the Act nowhere specifically relates to default under section 139A(5B) which casts an obligation on the deductor to quote the PAN of deductees - It has also been contended that due to loss of original return data, the revised return now prepared and uploaded in the system is rejected by the TIN facilitation centre - the admitted fact remains that the PANs of three deductees were wrongly quoted by the appellant in the quarterly returns as is evident from the above stated facts in which the alphabets and number were wrongly entered in the system - In response to a showcause notice before levy of penalty u/s 272B of the Act for not quoting correct PAN in terms of provisions of sec. 139(5B) of the Act, the assessee did not appear nor pleaded any reasonable cause for their failure to quote correct PAN - The only defect in PAN was due to incorrect mention of one alphabet in two cases and one numeric in the third - Decided in favor of the assessee
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