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2019 (6) TMI 1254 - AT - Income TaxPenalty u/s 272A(2)(k) - delay in filing the TDS return - resignation of the accountant - reasonable cause shown within the meaning of Sec 273B - HELD THAT:- Assessee had shown reasonable cause for his failure in complying with the provisions of section 200(3) hence no penalty could be levied. The assessee had deducted and deposited the tax within the prescribed period and thereby made substantive compliance. The government revenue was not defrauded or deferred. The assessee did not have any motive to make any financial gain. Due to sudden resignation of the accountant, the assessee could not trace his left over jobs which include non-filing of TDS returns in Form 26Q for Quarter-1 & Quarter-2 for FY 2010-11. As soon the same was noticed, TDS both the returns were filed. The circumstance shows that the delay in filing the return was not intentional. The assessee was prevented by sufficient cause for making due compliance. Therefore, we note that assessee had shown ‘reasonable cause’ as referred u/s 273B - Decided in favour of assessee.
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