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2015 (9) TMI 180 - AT - Income TaxPenalty under section 272A(2)(k) - failure on the part of the assessees to file the quarterly returns of TDS in Form 24Q and 26Q for the year under consideration - CIT(A) deleted the penalty - Held that:- Assessee has not furnished the relevant details and documents to support and substantiate the case of the assessees that the delay on the part of the concerned deductees in furnishing details resulted into the delay in filing the relevant TDS returns by all the assessees. He however has contended that the assessees are in the position to produce all these relevant details as well as documentary evidence before the A.O. to establish that there was a delay on the part of the concerned deductees to furnish their PAN details and the same constituted a reasonable cause which prevented the assessees from filing the relevant TDS returns within the stipulated time. He therefore has urged that one opportunity may be given to the assessees by sending the matter back to the A.O. for this purpose. Thus consider it fair and proper and in the interest of justice to accept this contention of the Ld. Counsel for the assessee and since the learned D.R. has also not raised any objection in this regard, set aside the impugned order of the Ld. CIT(A) and restore the matter to the file of the A.O. with a direction to decide the issue relating to imposition of penalty under section 272A(2)(k) afresh, after giving the assessees proper and sufficient opportunity to support and substantiate their case of reasonable cause by producing relevant details and documentary evidence - Decided in favour of revenue partly by way of remand.
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