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2017 (6) TMI 234 - ITAT JAIPURLevy penalty u/s 272A(2)(K) - failure to deliver a copy of the statement within the time specified in section 200(3) or proviso to section 206C (3) - Held that:- In the instant case, there is no such factual situation before us rather there is a delay in filing of quarterly e-TDS returns which is covered under the provisions of section 272A(2)(C) of the Act. Hence, on this ground itself, where the Assessing Officer is not clear about basis of the charge, the levy of penalty cannot be sustained. The taxes have deducted and deposited at the prescribed rate with delay of few days. Hence, there is no loss to the Revenue which is caused due to the delay in filing of the e-TDS returns which is totally unintentional. Further, our attention was drawn to the decision of the Coordinate Benches in case of Collector Land Acquisition[2012 (5) TMI 50 - ITAT CHANDIGARH], UCO Bank (2013 (11) TMI 205 - ITAT CUTTACK) and SBI (2013 (10) TMI 1461 - ITAT CUTTACK) wherein non availability of PAN was held to be a reasonable cause for delay in filing of the e-TDS return. Given the pecularity of the facts in the present case where there was a change effected in the IT system for mandatory requirement of PANs of all deductees before the returns can be validated and uploaded, the fact that there were large number of deductees spread throughout the country and efforts were made by the assessee to obtain their PANs numbers, the fact that taxes have been deducted and deposited, hence no loss to the Revenue, we find that assessee has a reasonable cause for delayed filing of its e-TDS returns in terms of section 273B and the penalty under section 272(A)(K) is hereby deleted. - Decided in favour of assessee.
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