2012 (7) TMI 274 - AT - Income Tax

Penalty levied u/s 272A(2)k) - late filing of the returns - CIT(A) deleted the levy - Held that - The reasons put forth by the assessee i.e. incapacity and absence of the accountant and the director being not aware of the intricacies penalty levied are liable to be deleted. Penalty levied u/s 271C - non-deduction/ short deduction of TDS - CIT(A)deleted the levy - Held that - The late filing of e-return assumes a character of technical default and delay in filing such return without any loss of revenue cannot be a held a deliberate default looking at the facts and circumstances and pleas raised by the assessee CIT(A) has rightly considered it to be a reasonable cause - in favour of assessee.

Summary

Issues:
1. Deletion of penalties under section 272A(2)(k) for A.Y. 2006-07.
2. Deletion of penalties under section 271C for A.Y. 2009-10.

Analysis:
1. Deletion of penalties under section 272A(2)(k) for A.Y. 2006-07:
- The Assessing Officer initiated penalty proceedings due to the late filing of e-TDS quarterly returns. The penalty was imposed for a total delay of 6018 days in filing the required forms. The appellant explained the delay was due to financial constraints and late TDS deposits, which were eventually paid with interest.
- The CIT(A) deleted the penalty citing reasons such as the appellant's lack of expertise in tax matters, absence of a qualified accountant, and the unique circumstances of managing multiple sites outside Delhi. The CIT(A) considered the delay as a technical default without any loss of revenue, thus justifying the deletion of the penalty.

2. Deletion of penalties under section 271C for A.Y. 2009-10:
- Penalty proceedings were initiated for non-deduction of TDS on various payments. The appellant provided reasons for the non-deduction, including the absence of the accountant due to a medical condition and the director's lack of familiarity with tax matters.
- The CIT(A) deleted the penalties after considering the appellant's explanations and supporting evidence, such as medical certificates and legal precedents. The CIT(A) found the reasons provided by the appellant to be reasonable and sufficient causes for the non-deduction of TDS, leading to the deletion of the penalties.

- The tribunal upheld the CIT(A)'s decisions in both cases, emphasizing that penalties should not be imposed for technical or venial breaches without causing revenue loss. The tribunal found no fault in the CIT(A)'s assessment of the situations presented by the appellant, leading to the dismissal of the revenue's appeals.

This comprehensive analysis covers the deletion of penalties under sections 272A(2)(k) and 271C for the respective assessment years, detailing the reasons, explanations, and legal considerations that led to the decisions in favor of the appellant.