TMI Blog2016 (11) TMI 250X X X X Extracts X X X X X X X X Extracts X X X X ..... deliberate or in defiance of law or the assessee is guilty of her conduct. We noticed that there is no reference in the order of penalty that there was any wilful negligence or magnified on the part of assessee in the matter of filing return of TDS. Having considered the entirety of the fact, moreover the assessee has not taken any lame excuse while furnishing the reply to the notice of initiation of penalty. She had voluntarily filed return before issuance of the notice for initiation of penalty. In our considered opinion that it is a fit case for deleting the penalty as the assessee came forward with honesty. However, the observation made hereinabove may not be precedent for future references. With these observations we delete the penalty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s and for fourth-quarter 172 days. As assessee had committed default under section 272A (2)(k)of the Act. The AO/ ACIT issued notice to the assessee levying the penalty. In response to the notice assessee contended that the assessee is a senior citizen and has filed return voluntarily. The reply of assessee was not considered sufficient by AO/ ACIT and thus a penalty for delay in is furnishing return of tedious was limit at the rate of rupees hundred per day for the delayed period. Accordingly a penalty of ₹ 1 28200 was worked out for a by 2008 09. 3. Similarly for a wide 2000 910 the penalty was worked out at rupees 66224 and four assessment year 2010 11 for similar delay in filing of tedious returns the penalty was worked out a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ld DR for revenue prayed that the order of authorities below is well reasoned and does not require any further interference from the Tribunal. 5. We have considered the rival contention of the parties and gone through the order of authorities below. There is no dispute that the tax deducted by assessee at source was deposited. The dispute is about the delay in filing of TDS returns. Before levying the penalty a show cause notice dated 5/10/2010, under section 272A(2)(k) was issued to the assessee. The assessee contested the notice by filing reply. The assessee contended therein that she is a senior citizen and has filed returns voluntarily. There was no explanation offered by her, as to why the delay occurred for filing returns of TDS. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Learned Assessing Officer observing the delay in furnishing of the quarterly statements levied penalty of ₹ 4,47,200/- as the delay was for 2583 days in respect of Form No.24Q and 1889 days in respect of Form, No.26Q. The Learned Commissioner of Income-tax (Appeals) observed that the delay in filing the quarterly statements by the assessee was because of lack of knowledge of the above requirement of law on the part of the assessee and as no loss to the revenue took place because of the aforesaid delay, the breach of duty on the part of the assessee was merely or venial breach and therefore in view of the provisions of section 273B of the Act he deleted the levy of penalty. We find that it is not in dispute that the quarterly statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eliberately delay the submission of the quarterly statements. Further, the contention of the Revenue that ignorance of law cannot be an excuse is found to be unacceptable in view of the decision of the Hon'ble Supreme Court in the case of Motilal Padampat Sugar Mills Co. Ltd. vs. State of UP (1979) 118 ITR 326 (SC) wherein it was held that there is no presumption in this country that every person knows the law and it would be contrary to common sense and reason if it were so. It was also stated that it is impossible to know all the statutory law, and not very possible to know all the common law . Further, the Hon'ble Madras High Court 9 in the case of CIT vs. K P V S Mohammad Rowther Co. 232 ITR 176 (Mad) held that ignorance of l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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