TMI Blog2019 (7) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... ailable in the market therefore the delay in filing the form 26Q has occurred. Assessee has explained satisfactorily the reason of not filing the return in form 26Q for quarter-3 and quarter-4, we consider that because of serious illness of the accountant of the assessee the return in form 26Q has not been filed in time and circumstances was beyond the control of the assessee, hence it is sufficient and reasonable cause as per section 273B of the Act. See Hindustan Steel Ltd. [ 1969 (8) TMI 31 - Supreme Court] - Decided in favour of assessee. - ITA No.1900/Kol /2018 - - - Dated:- 19-6-2019 - S.S. Godara, JM And Dr. A.L. Saini, AM For the Assessee : Shri R.H. Ram, AR For the Respondent : S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sanson erred in confirming the penalty without appreciating the provision contained u/s 275(1A) and section 273B whereas he should have taken a liberal view as the default is technical in nature. 4. The appellant craves leave to alter, amend or substitute any ground or grounds before or at the time of hearing of the appeal. 3. Brief facts qua the issue are that Assessing Officer noticed that assessee has committed the default u/s. 272A(2)(k)/274 read with section 200(3) of the I.T. Act, 1961 for late filing of quarterly TDS statements for F.Y. 2010-11. There is delay of 515 days in Q2 (ii) 423 days in Q3 and (iii) 303 days in Q4 in filling of Form No. 26Q by the assessee. Assessing Officer then narrated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required to deposit a fee of ₹ 200/- per day for delay in filing of TDS statements u/s 200(3) of the Act. Thus, the legislature has expressed its intention in respect of S. 272A(2)(k) through the Finance Act, 2012. Considering the above, it was held that the assessee had no reasonable cause as provided in Section 273B of the I.T. Act, 1961 for delay in filing the TDS statements. Further, the Income Tax Act, 1961 does not provide for any relaxation for late filing of Quarterly Statement of TDS and it is evident that the assessee did not comply with its statutory obligation u/s 200(3) of the Act. In view of above, the Assessing Officer was of the considered opinion that penalty u/s 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Assessing Officer should be sustained. 7. We have heard both the parties and perused the material available on record. We note that the assessee was not given reasonable opportunity by the Assessing Officer to explain the delay in filing quarterly returns in form no. 26Q. We note that the assessee has submitted documentary evidence in support of serious illness of the accountant of the assessee who was bed ridden for considerable period of time who used to look after the entire accounts and TDS compliance and no new accountant could be appointed because suitable candidate was not available in the market therefore the delay in filing the form 26Q has occurred. We note that the assessee has explained s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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