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2015 (10) TMI 1614 - ITAT DELHI

2015 (10) TMI 1614 - ITAT DELHI - [2015] 43 ITR (Trib) 162 (ITAT [Del]) - 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 th .....

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ty by relying on the judgment of Hindustan Steel Ltd. Vs. State of Orissa (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 .....

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turn, it was observed that PANs of as many as 56 tax-deductees were invalid 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 .....

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venue is aggrieved against the deletion of such penalty. 3. I have heard the 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 unde .....

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authority; (iv) in all statements prepared and delivered or caused to be delivered 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 .....

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section (5A) or sub-section (5C) of that section, quotes or intimates a number 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 t .....

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rom whose payments, tax at source was required to be deducted. Despite that, 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 .....

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