TMI Blog2003 (2) TMI 169X X X X Extracts X X X X X X X X Extracts X X X X ..... er considering the submissions of the assessee in response to show-cause notice, the AO held that the assessee has not been able to prove that there was a bona fide case in issuing the certificate late. He calculated various delays in respect of each certificate and accordingly imposed the penalty of Rs. 33,16,400 under s. 272A(2)(g) of the Act. On appeal, the CIT(A) approved the imposition of penalty in principle. However, he held that the delay calculated by the AO was wrong. After calculating the delay of these certificates, the CIT(A) reduced the penalty to Rs. 5,20,200 and deleted the penalty of balance amount. 3. The assessee is in appeal before us against sustaining the part penalty whereas the Revenue is in appeal before us agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee was under a bona fide belief that whenever these parties would require the TDS certificate, it would be issued at that time. Thus, there was reasonable cause in a little delay in issuing the certificate late. While relying on the decision in Sudershan Auto General Finance vs. CIT (1998) 60 TTJ (Del) 567 : (1998) 60 ITD 177 (Del) at p. 180, the learned counsel stated that there was no bad intention behind withholding the TDS certificate for a period of 10 to 12 days. The same view was taken by Delhi Bench of the Tribunal in the case reported in Aroma Chemicals vs. Dy. CIT (2002) 121 Taxman 31 (Del) (Tribunal Part). The Hon ble Pune Bench of the Tribunal in the case of Executive Engineer, M.S.E.B. vs. Dy. CIT (1994) 48 TTJ (Pune) 47 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t source in time. The same have been paid to the Government in time. None of the persons whom the certificates have been issued have complained about non-receipt of the TDS certificates. The Delhi Bench of the Tribunal in the case reported in (1997) 60 ITD 177 (Del) has held that if the taxes have been collected in time and the tax has been paid in time, there was no bad intention on the part of the assessee in withholding such certificates. The Delhi Bench of the Tribunal in the case of Bansal Brothers vs. Dy. CIT (1998) 64 ITD 129 (Del) has also taken similar view. Even the Pune Bench of the Tribunal in the case of Executive Engineer, M.S.E.B. vs. Dy. CIT has taken the same view. Hon ble Supreme Court in the case of Hindustan Steels Ltd. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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