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2012 (10) TMI 251 - HC - Income TaxNon issuance of form 16A to the deductee within time as required u/s 203(1) - non ascertaining the PAN Number from the payees - penalty levied under Section 272A(2)(g)- Held that:- The explanation of the assessee for non-issuing the certificates within time prescribed was that the interest component in the compensation paid to the District Court for disbursement to the land owners/right holders is taxable as per Income Tax Act, 1961 and tax @ 11.2% have been deducted and deposited in the Government Account. Also that it was difficult to file return as the payment of compensation was made by the Hon'ble Court and no PAN numbers were available with the office. It is also submitted that its office has filed all the TDS returns in form No. 24Q for the Ist, 2nd, 3rd and 4th quarters of the financial years 2006-07, 2007- 08, 2008-09 and 2009-10. The delay has been attributed on the part of the land owners due to the fact that land owners have not submitted their PAN numbers required for the purpose. However, the land owners had been asked to submit their PAN numbers vide this office letters dated 22.11.2007, 9.1.2008, 3.3.2009 and Public Notice has also been given in Daily Ajit Newspaper on 17.8.2010. As the assessee categorically stated before the lower authorities that due to non availability of the PAN numbers there was a delay in issuing & the assessee was prevented by sufficient cause from issuing Certifications in Form No. 16A within period prescribed hence there was only technical and venial breach of provisions contained in Rule 31 of the Income Tax Rules, 1962 read with section 200(3) of the Income Tax Act, 1961 - in favour of assessee.
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