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2014 (9) TMI 930 - AT - Income TaxPenalty under section 272A(2)(c) - delay in filing quarterly returns - Held that:- There is a delay in filing quarterly returns but at the same time the delay was due to the reason that initially the staff was not familiar with new e-TDS filing system. The delay occurred due to unawareness of technical application of electronic filing of return but still fact remains that due tax was duly deposited in the Government exchequer and there is no loss to the Revenue. The year under consideration was the first year of submitting TDS statement in electronic form for the corporate assessee which was made mandatory - It is also a fact that at that time every corporate assessee faced almost similar difficulty, thus, on this technical default no penalty should be imposed. Another fact worth mentioning here is that the electronic filing by the assessee was not pursuant to any notice by the Department. In view of this fact and more specifically when no loss was caused to the Revenue the reasons explained by the assessee are convincing in terms of section 272A(2)(c) of the Act. The object of the constitution is to levy and collect due taxes, therefore, there was no justification to impose penalty by the learned Additional Commissioner-(TDS). The observation made by the learned Additional Commissioner of Income-tax-(TDS) that the assessee deliberately filed the return late is also not substantiated more specifically when the assessee has already paid the taxes, and there is no gain to the assessee in late filing. Hence, we find no infirmity in the conclusion drawn by the learned Commissioner of Income-tax (Appeals) being more sympathetic/practical approach. - Decided against Revenue.
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