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2021 (3) TMI 824 - AT - Income TaxPenalty u/s 272A (2) (k) - assessee has failed to submit the quarterly TDS statements in Form No. 26Q and only after the show cause notice issued by the AO for levy of penalty u/s 272A(2)(k) the assessee has submitted the quarterly statements for all the four quarters of these four years - HELD THAT:- There is no dispute that the assessee has been submitting the quarterly TDS statements in Form No. 24Q regularly without any default or delay however, only in respect of the TDS deducted from the payment other than salary, the assessee has filed to submit the quarterly statement in Form No. 26Q for these assessment years. It is pertinent to note that the assessee has duly deduct TDS and also deposited the same in the Government account within the prescribed due date and the default on the part of the assessee is only on account of submitting the quarterly TDS statements within the prescribed due date. The assessee has explained the cause of default as unawareness of the concerned staff of the office of the assessee whereas the salary is a regular payment to the employees and deduction of TDS and deposit of the same to the account of the Government is a regular practice followed by all the offices, but the TDS on other than the salary payment is depending upon the instance of payment or credit and therefore is not a regular payment like salary. Hence, it is a bonafide inadvertent mistake. The reasonable cause of ignorance of technical knowledge lack of infrastructure and the first time default on the part of the assessee was accepted by the Tribunal as a reasonable cause. The provisions of section 273B provides that no penalty shall be imposable on a person or the assessee inter alia u/s 272A (2) for any failure if he explain that there was a reasonable cause for such failure. Appeals of the assessee are allowed.
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