TMI Blog2015 (10) TMI 1396X X X X Extracts X X X X X X X X Extracts X X X X ..... e penalty was merely technical in nature because the Revenue has not suffered any loss on account of late filing of the return. The issue, therefore, would be covered by the decision of the hon'ble Punjab and Haryana High Court in the case of H.M. T. Ltd. Tractors Division v. CIT [2004 (8) TMI 50 - PUNJAB AND HARYANA High Court] - Decided in favour of assessee. - ITA No. 476/CHD/2014 - - - Dated:- 9-12-2014 - SHRI BHAVNESH SAINI AND SHRI T.R.SOOD, JJ. For the Appellant : Shri Sudhir Sehgal For the Respondent : Shri J.S. Nagar ORDER Bhavnesh Saini (Judicial Member).- This appeal by the assessee is directed against the order of the learned Commissioner of Income-tax (Appeals) Chandigarh dated July 11, 2013 for the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re the Tribunal. Therefore, delay in filing appeal is condoned. 5. Briefly, the facts of the case are that the person responsible had failed to file quarterly TDS return by due date. The Assessing Officer, therefore, levied penalty of ₹ 41,200 under section 272A(2)(k) of the Act. The assessee submitted before the learned Commissioner of Income-tax (Appeals) that taxation system was centralised by the head office and the Branch was not aware that the return was to be filed at the branch level and on clarification from the head office, TDS returns have been filed. The learned Commissioner of Income-tax (Appeals), however, noted that returns in the prescribed form have to be filed by due date and the assessee has not filed TDS returns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d the necessary return was also filed later on, therefore, no loss of revenue had occurred on account of late filing of the return. Thus, the penalty was merely technical in nature because the Revenue has not suffered any loss on account of late filing of the return. The issue, therefore, would be covered by the decision of the hon'ble Punjab and Haryana High Court in the case of H.M. T. Ltd. Tractors Division v. CIT [2005] 274 ITR 544 (P H) in which it was held as under (headnote) : The assessee had deducted tax at source out of payments made to eight contractors. Under the provisions of section 203 of the Income-tax Act 1961, read with rule 31 of the Income-tax Rules, 1962, it was required to issue tax deduction ce ..... X X X X Extracts X X X X X X X X Extracts X X X X
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