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2022 (12) TMI 331 - ITAT MUMBAILevy of penalty u/s 272A(2)(k) - technical breach of the provisions - TDS return for the 3rd quarter filed belatedly - there was a slight delay in filing the appeal before the learned CIT(A) - HELD THAT:- Assessee submitted as follows “Due to the lack of knowledge and at the same time non availability of Professional person in the Rural Area i.e. at Sonar Pada village Dombivli East, Thane Rural”. Thus it is evident that the assessee had no assistance from any professional person to guide them regarding the compliance of statutory provisions. These facts clearly show that the 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 the tax deducted was already deposited on time with the Revenue Department. It was, therefore, a technical breach of the provisions contained in the Act for submitting the 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. Accordingly, the ground raised in the present appeal is allowed and the Assessing Officer is directed to delete the penalty, as affirmed by the learned CIT(A). Appeal by the assessee is allowed.
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