2016 (1) TMI 1288 - AT - Income Tax

Penalty u/s 272A(2)(k) - delay caused in filing TDS statement - as per assessee delay is due to acute shortage of funds coupled with inadequate staff and facilities - Held that - Sec.273B of the Act lays down that the penalty shall not be imposed in respect of a default relating to the provisions mentioned therein if the person or the assessee concerned can show that there was a reasonable cause for default in question. Section 272A(2)(k) falls within the ambit of sec.273B of the Act. It is observed that the AO has levied the penalty in a routine manner without bringing the facts on record to establish that the appellant committed the default without a reasonable cause. - Decided in favour of assessee.

Summary

Issues:
- Levy of penalty under section 272A(2)(k) of the Income Tax Act.
- Applicability of Section 273B in the case.
- Justification for late filing of TDS statement.
- Consideration of reasonable cause for delay in filing.

Analysis:

1. Levy of Penalty under Section 272A(2)(k):
The appeal was filed against the order of the Commissioner of Income Tax (Appeals) confirming the penalty of Rs. 54,200 under section 272A(2)(k) of the Act. The appellant argued that the penalty was unjustified due to financial constraints and shortage of staff. The Tribunal referred to similar cases where penalties were deleted based on reasonable causes for delay in filing TDS statements. The Tribunal held that the late filing was a technical breach and did not cause any loss to the revenue. Citing precedents, the Tribunal concluded that the penalty was not warranted and deleted it.

2. Applicability of Section 273B:
The appellant contended that their case fell within the ambit of Section 273B, which provides for non-imposition of penalties if a reasonable cause for default is shown. The Tribunal agreed with this argument, emphasizing that the appellant had deposited the TDS amount along with interest before the show cause notice was issued. The Tribunal held that the financial crunch faced by the appellant constituted a reasonable cause for the delay, in line with the provisions of Section 273B.

3. Justification for Late Filing of TDS Statement:
The appellant highlighted the financial difficulties and inadequate resources that led to the delay in filing the TDS statement. The Tribunal acknowledged these reasons and considered them as valid justifications for the delay. It was noted that the appellant had fully deposited the TDS amount along with interest before any penalty notice was issued, ensuring no loss to the revenue. This aspect was crucial in determining the reasonableness of the cause for the delay in filing.

4. Consideration of Reasonable Cause for Delay in Filing:
The Tribunal scrutinized the circumstances leading to the delay in filing the TDS statement and found that the appellant had promptly deposited the TDS amount with interest. Relying on previous judgments and legal provisions, the Tribunal concluded that the delay was due to reasonable causes, such as financial constraints, and did not warrant the imposition of a penalty under section 272A(2)(k). By considering the facts and legal precedents, the Tribunal ruled in favor of the appellant and deleted the penalty.

In summary, the Tribunal, in this case, analyzed the issues of penalty imposition under section 272A(2)(k), the applicability of Section 273B, the justification for the delay in filing the TDS statement, and the consideration of reasonable causes for the delay. Based on the facts presented and legal interpretations, the Tribunal ruled in favor of the appellant, deleting the penalty levied by the Assessing Officer.