TMI Blog1997 (3) TMI 129X X X X Extracts X X X X X X X X Extracts X X X X ..... tax at source but the assessee furnished the said declaration on 16th Jan., 1995. The delay thus was of 648 days. The CIT, therefore, required the assessee to show cause why penalty under s. 272A(2)(f) of the Act be not imposed for such default committed. In response it was explained by the assessee that annual return in Form No. 27A about non-deduction of tax at source from interest paid was filed before the ITO on 23rd June, 1993. The annual return was, however, due to be filed on or before 30th April, 1993. Its filing was late as the accountant was sick during the relevant time. A medical certificate in proof of his sickness was filed. The explanation so given was not found satisfactory and the Range Dy. CIT levied a penalty of Rs. 11,0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on recovery from sickness annual return in Form No. 27A was prepared by him based on the Form No. 15H received from depositors on 21st June, 1993, and the same was filed before the ITO, TDS, Rajkot, on 23rd June, 1993. From No. 15H though available could not be sent along with annual return in Form No. 27A through an oversight. These forms were submitted to the ITO, TDS, on requisition. He, therefore, pleaded that there existed a reasonable cause for not submitting the said Form No. 15H before the CIT within due time and as such no penalty is leviable. He further submitted that the explanation offered before the CIT has been summarily rejected without due appreciation. There is otherwise no loss to the Revenue and it was only a technical an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for paying any income of the nature referred to in s. 194A or s. 194K, as the case may be, a declaration in writing in duplicate in the prescribed form and verified in the prescribed manner to the effect that the tax on his estimated total income of the previous year in which such income is to be included in computing his total income will be nil. Sec. 197A(2) : The person responsible for paying any income of the nature referred to in sub-s. (1) or sub-s. (1A) shall deliver or cause to be delivered to the Chief Commissioner or Commissioner, one copy of the declaration referred to in sub-s. (1) or sub-s. (1A) on or before the seventh day of the month next following the month in which the declaration is furnished to him." Sec. 272A(2)(f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tated against each: Name Amount of deposit Interest credited Rs. Rs. Pragna T. Davda 1,37,202 22,877 Mamta H. Davda 1,42,421 23,936 Neeta T. Davda 1,18,735 18,828 Gita T. Davda 30,749 5,535 Smt. Narmadaben 93,281 9,744 Dr. Bharat Mankad 35,000 3,062 Ratilal Manilal 20,000 2,700 Jayaben Gordhandas 40,000 2,750 Kirit Kumar 1,35,000 3,958 Mukesh Kumar 1,25,000 3,958 The aforesaid depositors filed declaration in Form No. 15H with the assessee during the second fortnight of March, 1993. The Form No. 15H were, therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndorsed to the CIT on 21st June, 1993 itself. These facts have not been controverted by the CIT either by way of making enquiries from the accountant and the doctor about the sickness or from partners of the assessee-firm as to who in fact was looking after this work and why the other employees and the partners could not attend to it in the absence of the accountant. Nor there is an evidence brought on record by the Revenue to prove that the explanation given for delay in filing Form No. 15H was not correct and true. Thus, the explanation offered stands uncontroverted and under the circumstances we see no reason or justification in not accepting the explanation offered for the delay caused in furnishing of Form No. 15H in time. Further, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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