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2010 (4) TMI 836 - ITAT CHENNAIPenalty under section 272A(2)(c) - failure to file Form 52A by due dates - Appelant contended that they under an impression that the Form 52A was to be filed along with the return of income - penalty reduced by CIT(A) - Held that:- The assessee has got a reasonable cause for non-filing of requisite Form 52A by due dates. The hyper-technical default confirmed by the CIT (A) for 1830 days has to be confirmed by us because there is no appeal by the side of the assessee against the sustained penalty, nor was any argument put forth by the representative when this appeal was heard. Non-compliance simpliciter with the provisions of the section of the Act would not automatically lead to levy of penalty. The facts contained in the assessee's explanation have not been either disputed or rejected by the Department.
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