TMI Blog2017 (5) TMI 411X X X X Extracts X X X X X X X X Extracts X X X X ..... see to substantiate the same. Thus we are inclined to set aside and restore this matter back to the file of the A.O. for denovo determination - Decided in favour of assessee for statistical purpose. - I .T.A. No.4659/Mum/2016, I .T.A. No.4660/Mum/2016, I .T.A. No.4661/Mum/2016 - - - Dated:- 20-4-2017 - SHRI MAHAVIR SINGH, JUDICIAL MEMBER AND SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER For The Assessee by : Shri M. Subramanian, AR For The Revenue by : Shri Sunil Kumar Agarwal ORDER PER RAMIT KOCHAR, ACCOUNTANT MEMBER These three appeals filed by the assessee are directed against three separate appellate orders all dated 4th April, 2016 passed by the learned Commissioner of Income Tax(Appeals)- 1, Thane, (Hereinafter called the CIT (A) ) pertaining to the assessment year s 2009-10 to 2011-12. Since identical issues are involved in all three appeals, these appeals were heard together and are disposed of by this common order for the sake of convenience and brevity. 2. First, we shall take up the appeal filed by the assessee in ITA No. 4659/Mum/2016 for assessment year 2009-10.The common grounds of appeal raised by the assessee in all these appeals (only differ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2008-09 70700300541964 15.07.08 26.08.10 772 51237 51,237 3 26Q Q2 2008-09 70700300541942 15.10.08 26.08.10 680 72080 68,000 4 26Q Q3 2008-09 70700300541931 15.01.09 26.08.10 588 50114 50,114 5 26Q Q4 2008-09 70700300541920 15.06.09 26.08.10 437 138134 43,700 TOTAL 2,89,551 As there was a delay in filing of the quarterly TDS statements beyond the time prescribed u/s 200(3) of 1961 Act read with Rule 31A of Income-tax Rules, 1962, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ainst which the assessee has not filed any details of PANs of the said deductees which were not available with the assessee and what efforts were made by the assessee to obtain the PANs of said deductees. The other reason stated by the assessee was that the director of the assessee company was diagnosed with cancer for which also the assessee has not filed any details nor any supporting documents were filed by the assessee. The ld. CIT(A) , therefore, held that the A.O. had rightly imposed the penalty u/s 272A(2)(k) of the Act as deductees have to suffer a lot as they do not get credit of TDS till the time TDS statements are uploaded by the deductors . The learned CIT(A) thus confirmed the penalty of ₹ 2,89,551/- levied by the AO u/s 272A(2)(k) of 1961 Act for delay in filing of TDS statements in form no 24Q and 26Q for financial year 2008-09 by the assessee , vide appellate order dated 04-04-2016 passed by learned CIT(A). 5. Aggrieved by the appellate order dated 04-04-2016 passed by the ld. CIT(A), the assessee is in appeal before the tribunal. 6. The ld. counsel for the assessee reiterated the submissions what were made before the authorities below. He also relied up ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 26.08.10 588 50114 50,114 5 26Q Q4 2008-09 70700300541920 15.06.09 26.08.10 437 138134 43,700 TOTAL 2,89,551 We have observed that the assessee had made the TDS payments to credit of Central Government but the assessee has not filed the quarterly TDS statements in form no 24Q/26Q for financial year 2008-09 in time with Revenue which has led to inconvenience caused to the deductees as they do not get the credit for tax deducted at source by the assessee in their cases till the time the TDS statements were uploaded by the deductors which also exposes them to punitive action by Revenue. This delay is also fatal as it increases the work load of Revenue as they have to work extra to grant credit to various deductees whom credit cannot be granted at the first go due to failure of the defaulting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... k) of 1961 Act. The assessee is directed to produce all necessary and relevant evidences before the A.O. to substantiate its claim to satisfy the mandate of section 272A(2)(k) of the Act r.w.s. 273B of 1961 Act and these evidences shall be admitted by the AO in the interest of justice. Needless to say that proper and adequate opportunity of being heard shall be provided by the A.O. to the assessee in accordance with the principles of natural justice in accordance with law. In-case the assessee does not come forward to substantiate its explanations with cogent evidences , the AO shall be free to proceed in accordance with law in set aside proceedings. We order accordingly. 9. In the result, appeal of the assessee in ITA No. 4659/Mum/2016 for assessment year 2009-10 is allowed for statistical purpose. 10. Our above decision in ITA No. 4659/Mum/2016 for assessment year 2009-10 shall apply mutatis mutandis to the assessee s other appeals in ITA No. 4660/Mum/2016 for assessment year 2010-11 and ITA No. 4661/Mum/2016 for assessment year 2011-12 , wherein the facts are identical. We order accordingly. 11. In the result, both the appeals of the assessee in ITA No. 4660- 61/Mum/201 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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