Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (1) TMI 1293 - ITAT JAIPURPenalty u/s 272A(2)(K) - return of income were filed late - Held that:- Considering assessee submission that the employee of the assessee looking after TDS could not do the work because of ill health and mental stress and this came to the knowledge of the Director very late. The Director was busy in the expansion of the business and installation of a new plant at Palsana and therefore, there was no willful intention not to comply with the provision. AS citing of the PAN was mandatory vide circular dated 12/2/2008 and therefore, the GDS return were not accepted by the computer but The PAN was received very late . The facts were not denied by the ld DR, in my opinion, the default was mere a technical breach. It is a case of assessee that he has duly deducted the tax and paid the tax. The provision of Section 273B of the Act mandates that if the assessee was prevented by the reasonable cause, therefore, no penalty should be levied. - Decided in favour of assessee.
|