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TMI Blog2015 (9) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... "GHMC"). As noticed by the A.O., there was a failure on the part of the assessees to file the quarterly returns of TDS in Form 24Q and 26Q for the year under consideration within the stipulated time as required by sub-section (3) of section 200 read with Rule 31A(2) of the I.T. Rules, 1962. He therefore, initiated penalty proceedings and issued notices under section 274 requiring all the six assessees to show cause as to why penalty under section 272A(2)(k) should not be imposed for their failure to file the TDS returns within the stipulated time. In response to the said notices, the following explanation was offered by the assessee. a) "That the deductees did not submit the required information in time to GHMC. b) That each Zone has seve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 010-2011 Total Penalty (in Rs.) Form 26Q 47,900 Form 24Q 4,35,200 Total 4,83,100 GHMC (North Zone) F.Y. 2010-2011 Total Penalty (in Rs.) Form 26Q 32,400 Form 24Q 63,000 Total 95,400 GHMC (West Zone) F.Y. 2010-2011 Total Penalty (in Rs.) Form 26Q 27,500 Form 24Q 3,99,500 Total 4,27,000 GHMC (South Zone) F.Y. 2010-2011 Total Penalty (in Rs.) Form 26Q 61,200 Form 24Q 71,500 Total 1,32,700 2.2. The penalties imposed by the A.O. under section 272A(2)(k) were challenged by all the six assessees in the appeals filed before the Ld. CIT(A). During the course of appellate proceedings before the Ld. CIT(A), the following submissions were made on behalf of the assessees in support of their cases that the penaltie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the delay in filing the TDS returns was only a technical default and there being no loss to the revenue or any monetary gain to the assessees, the penalties imposed by the A.O. under section 272A(2)(k) in case of all the six assessees were not justified. Accordingly, the penalties imposed by the A.O. under section 272A(2)(k) in case of all the six assessees were cancelled by the Ld. CIT(A). Aggrieved by the order of the Ld. CIT(A), the Revenue has preferred these appeals before the Tribunal. 4. The learned D.R. contended that there was no reasonable cause established by the assessees for the delay on their part in filing the relevant TDS returns. He contended that this vital aspect however was completely overlooked by the Ld. CIT(A) and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ended that the reasonable cause which prevented the assessees from filing the relevant TDS returns within the stipulated time was pleaded by the assessees before the A.O. as well as before the Ld. CIT(A) by pointing out that there was a delay on the part of the deductees in furnishing their PAN details which resulted in the delay in filing the TDS returns by the assessees. 6. I have considered the rival contentions and also perused the relevant material on record. As rightly contended by the learned D.R., the requirement of filing the TDS returns as per the provisions of sub-section (3) of section 200 itself is technical in the sense that it does not involve any revenue implication and therefore, penalty leviable under section 272A(2)(k) f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case may be, on or after the 1st day of July, 2012. In the present cases, the relevant TDS returns were to be delivered or caused to be delivered by the assessees before the 1st day of July, 2012 and this being the undisputed position, I am of the view that the second proviso to section 272A(2) is not applicable in the present cases. The reliance of the Ld. Counsel for the assessee on the said proviso to support the impugned order of the Ld. CIT(A) cancelling the penalties imposed under section 272A(2)(k) thus is clearly misplaced. 7.2. As regards the second contention of the Ld. Counsel for the assessee that the reasonable cause, which prevented the assessees from filing the relevant TDS returns within the stipulated time, was pleaded be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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