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2014 (1) TMI 387 - AT - Income TaxPenalty u/s 272A(2)(k) of the Act – No deliberate and contumacious default - Assessee contended that TDS submitted in due time – Held that:- Relying upon Section 272-A (2)(k) provides that penalty @ Rs. 100 per day may be levied if the person responsible fails to deliver copy of the statement within the time specified - The delay in uploading was on account of the TIN FC agency and the assessee after submitting the statement before due time had no responsibility to upload the same - Thus penalty U/s 272-A(2)(k) could not have been levied on the assessee for the venial breach of the Rule 31-A of the Income Tax Rule - Following Under Secretary & DDO, Panchayati Raj (Gram Panchayat)[ ITA No.499/CTK/2011 dt.29.6.2012………….] – Penalty levied u/s 272(2)(k) of the Act set aside – Decided in favour of Assessee.
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