TMI Blog2012 (11) TMI 459X X X X Extracts X X X X X X X X Extracts X X X X ..... 272A(2) for late or non-filing of form 24Q and 26Q - against assessee. Penalty - reasonable cause - As decided in Royal Metal Printers (P) Ltd. Versus ACIT [2010 (1) TMI 938 - ITAT, MUMBAI] the delay in filing the returns, even if they are characterized as negligence on the part of the assessee, can only be considered as a technical or venial breach of law for which penalty should not be levied automatically. In the present case the requirement of filing form 24Q was new one for the assessee and as being the first year of filing such return, thus there is no dispute about the fact that the tax has been deducted by the assessee, there was reasonable cause for delay in filing of returns - penalty cancelled - in favour of assessee. - IT Appeal No. 122 (Agra) of 2012 - - - Dated:- 14-9-2012 - BHAVNESH SAINI AND A.L. GEHLOT, JJ. M.M. Agarwal for the Appellant. Km. Anuradha for the Respondent. ORDER A.L. Gehlot, Accountant Member - This is an appeal filed by the assessee against the order dated 14.10.2011 passed by the ld. CIT(A)-I, Agra for the A.Y. 2006-07 on the following grounds:- "1. BECAUSE, on a due consideration of facts of the case and submiss ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /2007 before levying of a penalty in which reference of the notice dated 18.04.2007 issued by Addl. CIT(OSD), Mathura has also been given. Therefore, it cannot be said that the appellant was not aware as to for what default, the notice was issued to him and there was no confusion because of wrong mentioning of the section. Considering the above mistake in the notice in which instead of clause (k), clause (c) was printed, it can be very well said that it was a typographical error because in the body of the notice, default committed by the appellant was clearly mentioned as being not filing of quarterly return for all the four quarters as mentioned in the impugned notice. In my considered opinion, such mistake are very much curable under the provision of section 292B because it has been clearly provided under the provision of this section such notice cannot be held to be invalid merely by reason of any mistake, defect or omission, if such notice is in substance and effect in inconformity with or according to the intent and purpose of Income Tax Act 1961. Since in the body of the notice, default committed by the appellant has been clearly mentioned, there is no ambiguity in the issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere is no dispute on the computation of penalty u/s 272A(2)(k) for late filing of form 24Q. While going through the remand report of the AO, I also find that though there is delay in filing of quarterly return for second and third quarter but for fourth quarter, the quarterly return has not at all been filed. In this regard, the Ld. AR in his rejoinder has stated that the appellant is at much loss to explain as to why the fourth quarter salary statement was not filed at all. He has further explained by showing the payment made to the concerned CA that the service of this CA was taken for depositing of TDS and filing of quarterly return. It has been pleaded that there was no willful negligence or malafide on the part of the appellant in the matter of compliance, despite the fact that due to passage of considerable time, the appellant is unable to explain that whether form no.24Q for fourth quarter was in fact filed or not and if not why? As far as quantum of penalty is concerned, for delay in filing of form no.24Q/not filing of form 24Q is concerned, there is no dispute and the amount has been found as correctly determined by the AO at Rs. 27,300/-. Now the question is that whether ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s liable for minimum penalty of Rs. 27,300/- computed as per the provisions of the relevant section. Therefore, I confirm levying of penalty u/s 272A(2)(k) for default of the appellant in late filing of quarterly return/not filing of quarterly return." 4. We have heard the ld. Representatives of the parties and records perused. The ld. Authorised Representative reiterated the submissions which were made before the CIT(A). The ground nos.1 2 has already been rejected by the CIT(A) after detailed discussion. Even otherwise also the contention of the assessee that there is mistake in notice as regards mentioning of clause (2) of section 272A of the Act is covered by section 292BB which provides that where an assessee has appeared in any proceeding or co-operated in any enquiry relating to an assessment or reassessment, it shall be deemed that any notice under any provision of this Act which is required to be served upon him, has been duly served upon him in time in accordance with the provisions of this Act and such case shall be precluded from taking any objection in any proceeding or enquiry under this Act that the notice was not served upon him; or not served upon him in time; ..... X X X X Extracts X X X X X X X X Extracts X X X X
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