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2022 (4) TMI 23 - ITAT DELHIPenalty u/s 272A(2)(k) - assessee failed to furnish the quarterly TDS statements within the time prescribed under section 200(3) - as per AO assessee failed to file any reply with supporting evidences to establish that there was reasonable cause for late filing of the TDS statements - HELD THAT:- Employees of the assessee were not well acquainted with the procedure of e-filing of TDS return which was made effective from assessment year 2008-09. Assessee had submitted, the employees were still at learning stage, as far as computerized system of filing is concerned, since, the bank in the near past had switched over itself from old system to CBS system and the employees are getting acquainted with the new banking software - aforesaid submissions made by the assessee constitute a reasonable explanation under section 273B - there is no justifiable reason for imposing penalty, merely, because there is delay in furnishing the TDS quarterly statements - Commissioner (Appeals) has not gone into the merits of the issue and dismissed assessee's appeal in limine. Even, accepting that assessee's version of delay is not correct and actual delay is of 80 days, in our view, such delay not being fatal should have been condoned as the assessee has made out a case for condonation of delay. When the appeal filed by the assessee is against the imposition of penalty under section 272A(k), we fail to understand what more clarification was required by Commissioner (Appeals) regarding the nature of relief sought by the assessee. In view of the aforesaid, we delete the penalty imposed under section 272A(2)(k) - Decided in favour of assessee.
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