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2016 (3) TMI 723 - ITAT CHENNAI

2016 (3) TMI 723 - ITAT CHENNAI - TMI - Levy of penalty u/s 272A(2)(k) - assessee could not upload the quarterly statement in respect of the tax deducted at source - contention of the assessee is that PAN of some of the deductees is not available - Held that:- When the assessee deducted tax and paid the same to the Government account, mere failure to upload the quarterly statement as required u/s 200(3) of the Act will not result in levy of automatic penalty. Of course, it is statutory function .....

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s a reasonable cause for the delay in uploading the quarterly statement as required under the scheme of the Income-tax Act, 1961. However, in respect of those deductees, whose PANs are available, the assessee is expected to upload the quarterly statement as provided under the Act. In the case before us, the penalty is levied only in respect of those deductees whose PAN is not available with the assessee. Therefore, the Assessing Officer is not justified in levying penalty u/s 272A(2)(k) of the A .....

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ls, we heard them together and disposing of the same by this common order. 2. Shri T Banusekar, ld. Representative for the assessee submitted that the only issue arises for consideration is levy of penalty u/s 272A(2)(k) of the Act. 3. According to the ld. Representative, the assessee has deducted tax at source as required under the scheme of the Income tax Act, 1961. However, the return as required under the scheme could not be uploaded. The ld. Representative further submitted that some of the .....

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. 4. On the contrary, Dr B Nischal, ld. Departmental Representative submitted that under the scheme of the Income-tax Act, 1961, the assessee is expected to deduct tax and also file quarterly statement in Form 24Q. According to the ld. DR, filing of return is a statutory function of the deductor u/s 200(3) of the Act. Non-availability of PAN of the deductees cannot be an excuse for not filing the return as required under the statutory provision. According to the ld. DR, it is for the assessee to .....

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