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ITO (TDS) , Rohtak Versus The Executive Engineer, Provisional Division, Public Health, Baag Jawahra, Jhajjar.

2015 (10) TMI 1614 - ITAT DELHI

Penalty imposed u/s 272B - CIT(A) deleted the penalty levy - Held that:- Provisions of section 272B are subject to section 273B of the Act, which provides that notwithstanding anything contained in the provisions, inter alia, of section 272B, no penalty shall be imposed for any failure referred to in the said provision if it is proved that there was a reasonable cause for the said failure.

In he present case there was a reasonable cause in the assessee not mentioning the correct PANs .....

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(1969 (8) TMI 31 - SUPREME Court ), wherein laid down that penalty cannot be ordinarily imposed unless the party obliged either acts deliberately in defiance of law or is guilty of conduct contumacious or dishonest, or acts in conscious disregard of its obligation. - Decided in favour of assessee. - ITA Nos.492 to 495/Del/2014 - Dated:- 15-6-2015 - SHRI R.S. SYAL, J. For The Assessee : None For The Department : Shri Amrit Lal, JCIT ORDER These four appeals by the Revenue arise out of a common or .....

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d and the assessee deductor did not submit correct PANs in respect thereof. On being show caused as to why penalty u/s 272B of the Act be not imposed, the assessee furnished its reply dated 9.1.2012 submitting the copies of correction returns duly stating PANs of a few tax deductees which were not earlier available. The AO invoked the provisions of section 139(5B) and imposed penalty @ ₹ 10,000/- per breach amounting in total to ₹ 5,60,000/- for the first quarter of the year. Similar .....

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he ld. DR and perused the relevant material available on record. There is no appearance from the side of the assessee despite notice. As such, I am proceeding to dispose of these appeals ex parte qua the assessee. 4. It is observed that the AO imposed penalty u/s 272B for violation of the provisions of section 139(5B), which read as under:- 139A. (5B) Where any sum or income or amount has been paid after deducting tax under Chapter XVIIB, every person deducting tax under that Chapter shall quote .....

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elivered in accordance with the provisions of sub-section (3) of section 200: ……………….. 5. A careful perusal of this provision indicates that where an amount has been paid after deducting tax, then, the person deducting tax is required to quote the Permanent Account Number in the statements mentioned in the provision. Non-compliance with the mandate of section 139A attracts penalty u/s 272B, the relevant part of which reads as under:- Penalty for failure .....

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mber which is false, and which he either knows or believes to be false or does not believe to be true, the Assessing Officer may direct that such person shall pay, by way of penalty, a sum of ten thousand rupees. (3) No order under sub-section (1) or sub-section (2) shall be passed unless the person, on whom the penalty is proposed to be imposed, is given an opportunity of being heard in the matter. 6. It is obvious that the provisions of sub-section (2) are not attracted when there is a violati .....

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t, the assessee did deduct tax at source and paid the amount to the exchequer well in time. The only fault of the assessee was in not filling PANs of some of the deductees which were not available at the time of filing e-returns. As soon as the AO issued notice for imposing penalty u/s 272B, the assessee obtained the relevant PANs and complied with the requirement by filing the revised statement. 7. At this juncture, it is pertinent to note that the provisions of section 272B are subject to sect .....

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