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2009 (12) TMI 993 - ALLAHABAD HIGH COURT

2009 (12) TMI 993 - ALLAHABAD HIGH COURT - TMI - Income Tax Reference No. 42 of 1999 - Dated:- 17-12-2009 - Prakash Krishna And Subhash Chandra Nigam JJ. S.P. Kesharwani for the Petitioner. B.J. Agarwal for the Respondent. ORDER (Delivered by Prakash Krishna) The Income Tax Appellate Tribunal, Allahabad Bench, Allahabad has referred the following question under Section 256 (1) of the Income Tax Act, 1961 for opinion of this Court:- "Whether, on the facts and in the circumstances of the case .....

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the financial years 1990-1991, 1993-1994 and 1994-1995. Executive Engineer was the prescribed person, as per Section 206 of the Income Tax Act, responsible for furnishing within the prescribed time the returns regarding tax deducted at source under Section 194-C of the Income Tax Act, in Form No.26 C prescribed under Rule 37 of the Income Tax Rules, 1962. There was, admittedly, a delay of 1645, 550 and 214 days in furnishing the returns for the financial years 1990-91, 1993-94 and 1994-95 respe .....

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ssioner of Income Tax (A) did not agree with the assessee that since as per proviso to section 272 A, inserted by the Finance Act, 1991 with effect from 1.10.1991, penalty is not to exceed the amount of tax "Deductible" or "Collectible" and nothing remained to be "deducted" or "collected" in his case, no penalty was exigible. The penalties imposed by the Assessing Officer were confirmed. In appeal before the Tribunal, the contention of the assessee was two .....

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in support of the reference submits that there is no loss of Revenue in the present case. The tax was deducted and was deposited within the statutory time. The only default on the part of the assessee is that the returns were not filed within the prescribed period of time. Elaborating the argument, he submits that the assessee is an instrumentality of State or a government officer wherein the officers have no personal interest and as such the delay in late filing of the return should not have b .....

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alty order for the financial year 1993-94 would show that the penalty has been levied only on the ground that the annual return in the prescribed form was due on or before 30th of June, 1994, whereas the same was filed on 22nd of January, 1996 which is late by 550 days. The facts situation in respect of other financial years is also the same except the period of delay with which the returns were filed. The explanation given by the prescribed person, Executive Officer, was that he was not aware a .....

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the department and there is no unlawful gain to the assessee. Section 273 B of the Act provides that penalty be not imposed in certain circumstances and one of the circumstances is that if the person concerned proves that there was reasonable cause for the failure of action or omission for which the penalty proceedings were initiated. It may be noted that Section 272 A (2) is also one of the Sections which finds mention in Section 273 B of the Act. Taking into consideration the ground realities .....

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