TMI Blog2016 (10) TMI 1194X X X X Extracts X X X X X X X X Extracts X X X X ..... Decided in favor of assessee. - I.T.A. No. 379/Nag/2016 - - - Dated:- 4-10-2016 - SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. (S.M.C.) Appellant by : Shri A.R. Ninawe. O R D E R. This appeal by the Revenue is directed against the order of learned CIT(Appeals)-II, Nagpur dated 17-03-2016 and pertains to assessment year 2011-12. The grounds of appeal read as under : 1. On the facts and circumstances of the case the Learned CIT(Appeals) is justified in deleting the penalty of ₹ 11,44,348/- for the Asstt. Year 2011-12 levied u/s 271CA of the I.T. Act? 2. Whether on the facts and circumstances of the case the Learned CIT(A) is justified in deleting the penalty without appreciating that the assessee admittedly committed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and it is only when the Income Tax Department, Amravati on 07-07-2011 conducted a workshop on collection of TCS that the appellant became aware of the correct provisions of TCS. It is also a fact that immediately thereafter, on 18-07- 2011 issued clear instructions to its field formations viz. The Superintendent DDO delegated by the Collector in this behalf, to collect credit the sum of 2% TCS due on the royalty charges credited at mining section of this office. 4. Referring to another office order of the assessee the learned CIT(Appeals) further observed as under : 5.2 From the above notings in the order sheet as well as order dated 18-07-2011 it become clear that there was a lack of clarity in the appellant s mind with regard ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in ITA No. 673/Chd/2012. Learned CIT(Appeals) concluded as under : The facts of the case of the appellant are similar. The appellant was not very sure of the provisions of TCS and its applicability in its own case and it became aware of the same in the month of July, 2011 after the workshop of the Income Tax Department and has thereafter immediately collected the tax and deposited the same. The appellant also paid interest of ₹ 1,67,174/- to cover up the delay in collecting the payment of TCS. Thus, in the case of the appellant, the failure on the part of the assessee was a technical and venial breach which did not result into any loss to the Revenue as the TCS was paid along with interest thereon. In view of the above facts, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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