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2024 (1) TMI 854 - ITAT DELHILevy of penalty u/s 272A(2)(k) - Delay on the part of the assessee to file the TDS returns in time - technical venial breach or willful breach - Quarterly TDS returns were suo moto filed by the assessee after due remittance of TDS with applicable interest without receiving any notice from the income tax department, thus as pleaded that there was only a technical venial breach committed by the assessee - HELD THAT:- We find that the assessee had duly explained the reasons for the delayed filing of TDS returns. The reasons explained by the assessee were not found to be false by the revenue. We find that the assessee had already suffered the interest u/s 201(1A) of the Act for the late remittance of TDS. Hence there is no loss to the exchequer by the delayed filing of TDS returns by the assessee. For a mere technical venial breach, the assessee should not be invited with penalty u/s 272A(2)(k) of the Act. Our view is further fortified by the decision of Haryana Distillery Ltd vs JCIT [2018 (9) TMI 289 - ITAT DELHI]. Thus we hold that this is not a fit case for levy of penalty u/s 272A(2)(k) of the Act - Decided in favour of assessee.
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