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2013 (10) TMI 1461 - AT - Income TaxWhether penalty to be imposed in case of delayed filing of TDS Return - Held that:- assessee is a nationalized bank and committed a technical default by not filing e-TDS return in time - sec. 272A(2)(k) has been newly introduced w.e.f. 1.4.2005 and the Branch Manger was not known about these technical formalities - due to unawareness of knowledge, non-availability of parties PAN, pressure of banks accounting works, long absence of Branch Manager due to unhealthy condition return could not be filed on time - penalty will not ordinarily be imposed unless the party obliged either acted deliberately in defiance of law or was guilty of conduct contumacious or dishonest, or acted in conscious disregard of its obligation as per the decision of Hon'ble apex Court in the case of Hindustan Steel Ltd. v. State of Orissa [1972] 83 ITR 26 - [1969 (8) TMI 31] - Thus assessee has reasonable cause for non-filing the e-TDS return in time - also this is a technical breach of law and there is no loss to the revenue - Decided in favor of assessee
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