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TMI Blog2012 (7) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... re as under: ITA no. 2254/Del/11 ( u/s 272A(2)(k): "On the facts and in the circumstances of the case as well as in law, the Ld. CIT(A) has erred in - deleting the penalty imposed u/s 272A(2)(k) of Rs. 9,50,400/- on the ground that there was no loss to revenue with the late filing of the returns and there were bonafide reasons for delay in filing returns as it is in contravention to the provisions of the I.T. Act." ITA No. 2253/Del/11 (penalty u/s 271C): On the facts and in the circumstances of the case as well as in law, the Ld. CIT(A) has erred in - 1) deleting the penalty imposed u/s 271C of Rs. 5,61,421/- on the ground that the assessee was having reasonable cause for non-deduction/ short deduction of TDS on payments made under di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - per day for delay in filing quarterly returns in form nos. 26Q and 24Q. 2.1. Aggrieved, assessee preferred first appeal, where CIT(A) deleted the penalty observing as under: "4. I have gone through the grounds on which penalty was levied by Addl. CIT and also submissions given by the counsel for the appellant. One of the grounds taken by the appellant is that the penalty proceedings had become barred by limitation which could not be proved by the appellant and hence is rejected. As regards other grounds taken by the appellant it is noted that the TDS (on the basis of which penalty was levied) has been deposited with interest. It is further noted that the appellant company is managed by Sh. Mukesh Laad who is a qualified engineer but has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om a orthopedic surgeon to prove the accountant's (Mr. S.D. Thakur) absence from office from May to 8th August, 2008 on account of fracture of shoulder. In the above period Mr. Mukesh Laad only working director incharge was out of station to different sites and consequentially there was nobody in the office to look after TDS matters and arrange/withdraw funds for payment of TDS. Further for arithmetical error of Rs. 687/- or short deduction of tax at source of Rs. 289917/- (16.83% in place of 22.44%) on hire charges u/s 194-I the reasonable and sufficient cause has been proved by the appellant. The TDS rate of 22.44% was applicable to companies whereas the rate of 16.83% was applicable to non corporate clients. The appellant made deduction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment in the case of Hindustan Steels Ltd. Vs. State of Orissa 83 ITR 26. 5.2. Apropos penalty for A.Y. 2009-10 it is pleaded that in respect of deduction from salaries, the delay was explained for absence of accountant due to medical reasons and the working director Shri Mukesh Laad being a technical person, not well versed with the tax matters. All these arguments have been considered by the CIT(A) and the penalties have been deleted on just and proper consideration. His orders are relied on. 6. We have heard rival contentions and gone through the relevant material available on record. From the perusal of the record it is does not emerge that any additional evidence was accepted by CIT(A) in A.Y. 2009- 10. Therefore, this ground of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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