Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (5) TMI 1158 - AT - Income TaxPenalty under section 272A(2)(k) - delay in filing TDS statements within statutory period - legitimate reasons for delay - Held that:- The delay in furnishing the statement was due to the reasons that the person who was looking after for furnishing the statement of TDS returns left employment of assessee. The assessee made their effort to bring the employee back in their employment. In support of their contention the assessee has placed on record the copy of e-mail communication with the employee. The lower authorities have not given any finding that non-furnishing of TDS returns was deliberate or the assessee got any benefit due to delay in furnishing the statement. Thus assessee has given sufficient explanation for delay in furnishing the statement of TDS within the prescribed period. Considering the decision of Hindustan Steel Ltd Versus State of Orissa [1969 (8) TMI 31 - SUPREME Court] when there was no contemptuous or dishonest act on behalf of assessee in view of the explanation offered by assessee, we accept the explanation offered by the assessee. Thus, respectfully following the decision of Ahmedabad Tribunal in the Acquafill Polymers Co Private Limited (2016 (2) TMI 1079 - ITAT AHMEDABAD) we accept the ground of appeal of the assessee and direct the assessing officer to delete the entire penalty levied under section 272A(2)(k) of the Act. - Decided in favour of assessee.
|