TMI Blog2013 (11) TMI 1680X X X X Extracts X X X X X X X X Extracts X X X X ..... he Revenue and the delay in furnishing the tax deduction certificate was merely technical or venial in nature and penalty could not be imposed. Accordingly, direction given to the Assessing Officer to recompute the penalty leviable under section 272A(2)(k) of the Act in line with our directions. The grounds of appeal raised by the assessee are, thus partly allowed. In the result, appeal of the assessee is partly allowed. - ITA No. 895/CHD/2013 - - - Dated:- 22-11-2013 - T. R. Sood (Accountant Member) And Sushma Chowla (Judicial Member) For the Appellant : Prikshit Aggarwal For the Respondent : J. S. Nagar ORDER Sushma Chowla (Judicial Member) The appeal by the assessee is directed against the order of the CIT( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #8377; 45,414/- which was equal to the amount of tax deducted at source in each quarter. 5. The CIT(Appeals) restricted the penalty to ₹ 23,774/- by holding that thee was no delay in furnishing the return for the first quarter whereas the delay had been computed at 623 days by the Assessing Officer. Similarly, the TDS return for the second quarter was filed on 09.12.2009 as against the due date of 15.10.2009 and the delay was only of 54 days as against 532 days computed by the Assessing Officer. Consequently, the reduction in the penalty levied under section 272A(2)(k) of the Act. The assessee is in appeal against the aforesaid levy of penalty under section 272A(2)(k) of the Act. 6. The ld. AR for the assessee pointed out that a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10.02.2010 15.01.2010 1.04.2011 441 9187 IV 9187 08.11.2010 15.06.2010 1.04.2011 289 9187 Total: 31894 23774 9. In the totality of the abovesaid facts and circumstances, where assessee had deposited the amount of tax deducted at source on the respective dates, we are of the view that the penalty under section 272A(2)(k) of the Act merits to be restricted to the date of deposit of tax at source which admittedly is beyond the due date ..... X X X X Extracts X X X X X X X X Extracts X X X X
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