2016 (1) TMI 1069 - AT - Income Tax

Penalty u/s 272B - default in quoting Permanent account number - TDS return - Penalty for failure to comply with the provisions of section 139A - CIT(A) deleted the penalty - Held that - The assessee quoted the PAN numbers which were provided by the deductees, so if there was any mistake in the PAN numbers that was not on account of the assessee and moreover the mistake was rectified when the correct PAN numbers were furnished by the deductees and this fact has been appreciated by the ld. CIT(A) who categorically stated that since the valid/missing PANs have been made good by filing correct statement well before the issue of final penalty notice. The said observation of the ld. CIT(A) was not rebutted. We, therefore, do not see any infirmity in the impugned order of the ld. CIT(A) and accordingly do not see any merit in these appeals of the department. - Decided in favour of assessee

Summary

Issues Involved:
Appeals against deletion of penalties under section 272B of the Income Tax Act for assessment year 2010-11.

Analysis:
The department initiated penalty proceedings under section 272B of the Income Tax Act due to invalid or missing PANs in TDS returns filed by the assessee. The AO imposed penalties totaling significant amounts for default in respect of various deductees. The assessee contended that tax was deducted correctly and filed timely returns, rectifying PAN errors upon notification. The ld. CIT(A) deleted the penalties based on the assessee's prompt correction of PANs upon notice receipt. The department appealed, arguing that penalties were rightly imposed for incorrect or missing PANs. The assessee maintained that penalties were unjustified as errors were rectified promptly. Case laws were cited to support both positions.

The Tribunal noted that the assessee complied with tax deduction and filing requirements, rectifying PAN errors promptly upon notification. Citing relevant case laws, the Tribunal emphasized that penalties under section 272B require deliberate defiance of the law or contumacious conduct, which was not evident in this case. The Tribunal highlighted that the assessee's actions were in line with statutory obligations and there was no malafide intent. The ld. CIT(A)'s decision to delete the penalties was upheld, emphasizing the assessee's corrective actions upon discovering PAN errors provided by deductees.

In conclusion, the Tribunal dismissed the department's appeals, affirming the deletion of penalties under section 272B. The Tribunal found no fault in the ld. CIT(A)'s decision, as the assessee rectified PAN errors promptly upon notification, demonstrating compliance with statutory obligations. The decision was based on the absence of deliberate defiance of the law or contumacious conduct by the assessee, aligning with relevant case laws and statutory provisions.

This detailed analysis covers the issues involved in the appeals against the deletion of penalties under section 272B of the Income Tax Act for the assessment year 2010-11, providing a comprehensive overview of the legal judgment and the arguments presented by both parties.