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2018 (3) TMI 145 - AT - Income TaxLevy of penalty u/s. 272A(2)(k)/274 r.w.s. 200(3) - delay of 380 days in filing of quarterly return of TDS - furnishing e-TDS for first quarter in Financial Year 2010-11 belatedly - Held that:- The reasonable cause for filing belated return of levy of penalty u/s. 272A(2)(k) of the Act can be considered u/s. 273B of the Act. Nothing has been brought on record before us by the Department that in the subsequent quarters of Financial Year 2010-11 the assessee has furnished e-TDS return belatedly. Thus, in the facts of the case and the decision of Co-ordinate Bench in Nav Maharashtra Vidyalaya Vs. Addl. Commissioner of Income Tax (TDS) Range, Pune [2017 (1) TMI 722 - ITAT PUNE] the penalty levied u/s. 272A(2)(k) is deleted and the appeal of assessee is allowed.
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