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TMI Blog2018 (5) TMI 939X X X X Extracts X X X X X X X X Extracts X X X X ..... irected against the order of the learned Commissioner of Income Tax (Appeals) -24, Kolkata [in short the ld CITA] in Appeal No. 174/CIT(A)- 24/Kol/2012-13 dated 9.5.2016 against the order passed by the JCIT (TDS) Range -58, Kolkata [in short the ld AO] levying penalty u/s 272A(2)(k) of the Income Tax Act, 1961 (hereinafter referred to as the 'Act') in the sum of Rs. 94,200/- for the Asst Year 2010 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... problems, yet because of the lack of knowledge regarding the new Modules, the assessee could not collect the required reports of its agents and surveyors to whom commission had been paid. It was submitted before the ld AO that though the taxes deducted at source had been duly deposited to the credit of the Central Government within the prescribed dates, yet in the absence of the necessary reports ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmissioner of Income Tax(Appeals) was wrong in confirming the penalty of Rs. 94,200/- imposed by the Assessing Officer u/s 272A(2)(k)/274. 2. That without prejudice to the contention raised in Ground No. 1 above, the Commissioner of Income Tax (Appeals) was wrong in not appreciating the fact that there had been reasonable cause for the delays occurred in furnishing Quarterly TDS Statement by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d to undergo the same problems from October 2009 onwards , which had been duly stated by the senior branch manager of , Serampore Branch, vide letter dated 11.11.2011 , which fact is also acknowledged in the order of the ld CITA. The due date of filing the quarterly statement for the second quarter of financial year 2009-10 falls in October 2009 only. Hence we hold that the assessee was reasonably ..... X X X X Extracts X X X X X X X X Extracts X X X X
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