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2018 (9) TMI 289 - AT - Income TaxLevy of penalty u/s 272A(2)(k) - failure to deliver or cause to deliver a copy of the statement (e-TDS return and e-TCS return) within the time specified in sub-section (3) of Section 200 or the proviso to sub-section 3 of Section 206(c) - Held that:- The statement/returns to be furnished by the assessee within the time were entirely depending upon the information to be supplied by the purchasers. The assessee explained that the purchaser/licensee being small operator did not obtain PAN, therefore, particulars could not be filed in time. This was the reason for not filing the return/statement within the period of limitation. The Manager, Accounts was ill, therefore, there was delay in making compliance. These facts clearly show that assessee had a reasonable cause for failure to comply with the provisions of Law. On filing the belated returns/statements, Revenue has not suffered any loss because tax deducted was already deposited on time with the Revenue Department. Therefore, a technical or venial breach to the provisions contained in the Act for submitting return statement of tax deducted at source. The above reasons are sufficient to hold that the penalty need not be levied in the facts and circumstances of the case - Decided in favour of assessee.
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