TMI Blog2013 (10) TMI 1461X X X X Extracts X X X X X X X X Extracts X X X X ..... law or was guilty of conduct contumacious or dishonest, or acted in conscious disregard of its obligation as per the decision of Hon'ble apex Court in the case of Hindustan Steel Ltd. v. State of Orissa [1972] 83 ITR 26 - [1969 (8) TMI 31] - Thus assessee has reasonable cause for non-filing the e-TDS return in time - also this is a technical breach of law and there is no loss to the revenue - Decided in favor of assessee - IT APPEAL NO. 186 (CTK.) OF 2013 - - - Dated:- 10-10-2013 - P.K. BANSAL, ACCOUNTANT MEMBER AND D. T. GARASIA, JUDICIAL MEMBER S.C. Mohanty for the Appellant. ORDER 1. This appeal has been filed by the assessee for assessment year 2008-09 against order dated 18.12.2012 of ld. CIT(A) on the following gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 807 8,807 -do- 2nd /26Q 15.10.08 10.11.10 756 13,946 13,946 -do- 3rd/26Q 15.1.09 10.11.10 664 80,297 66,400 -do- 4th/26Q 15.6.09 10.11.10 513 16,091 16,091 Total 2781 119,141 105,244 4. As prima facie, it was a fit case for initiation of penalty proceedings, Addl. CIT (TDS) issued not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e order of ld. CIT(A). 7. Having heard ld. D.R,. we have gone through the orders of authorities below. We find from the submission of the assessee before ld. CIT(A) that assessee has taken the contention that TDS work is usually entrusted to a staff or junior officer for expending submission of statement to the Central Government through NSDL, (b) section 272A(2)(k) has been newly introduced w.e.f. 1.4.2005. The Branch Manger was not known to these technical formalities. Thereafter, the bank has engaged an advocate for preparing statement, who found difficulty in completing the details statement in absence of PAN of all customers where TDS was made and Form No.15G, 15H. Therefore, there was delay in filing the statement to Income tax Dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e was delay in submitting the statement to I.T authorities. We find that as per section 273B no penalty is leviable on the assessee for any failure if he proves that there was reasonable cause for the said failure. We are of the view that assessee had reasonable cause as narrated above for non-filing of the return. 9. We find that Hon'ble apex Court in the case of Hindustan Steel Ltd. v. State of Orissa [1972] 83 ITR 26 held that penalty will not ordinarily be imposed unless the party obliged either acted deliberately in defiance of law or was guilty of conduct contumacious or dishonest, or acted in conscious disregard of its obligation. Penalty will not be imposed because it is lawful to do so. Therefore, following the decision of H ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
