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2019 (1) TMI 339 - AT - Income TaxDelay in filing the TDS returns - Penalty u/s. 271F - delay in remitting the TDS amounts to the Government account and consequential delay in filing the returns - reasonable cause for the failure alleged in terms of Section 272A(2)(K) - Held that - The period for filing the return is required to be contemporaneously reckoned from the date of limitation provided for depositing the tax deducted at source within the time limit of the respective quarter as mentioned by the CIT (A) in the composite order. Merely because the tax after deduction was not deposited in time by the assessee would not be a ground for giving laxity or enlarging the time for filing the information/ return of TDS and hence it cannot be pleaded a ground for non imposition of penalty ,as the date of filing of the return was for was 15th July, 15th October, 15th January and 15th May of the respective financial year were provided U/s.200 read with sub-rule of Rule 31A. In our view the explanation given by the assessee is required to be examined u/s.273B r.w. other provisions which cast a duty on the assessee to deduct the tax / deposit the tax and file the return and also in the light of Rule 31A of the Act, but nonetheless, the assessee has to make out a case of reasonable cause for not filing the return under Rule 31 of the Rules r.w.section 200(3), In the present case the assessee failed to make out a case of reasonable cause. - decided against assessee.
Issues Involved:
1. Reasonable cause for delay under Section 272A(2)(K). 2. Financial difficulty as a justification for delay in remittance of TDS and filing of returns. 3. Applicability of Section 273B for reasonable cause. 4. Imposition of penalty under Section 272A(2)(K). Detailed Analysis: 1. Reasonable Cause for Delay under Section 272A(2)(K): The primary issue revolves around whether the assessee had a reasonable cause for the delay in filing quarterly statements in Form 24Q and 26Q. The assessee argued that financial difficulties caused delays in remitting TDS amounts and filing returns. However, the Assessing Officer (AO) and Commissioner of Income Tax (Appeals) [CIT (A)] rejected this argument, stating that financial difficulties do not justify the delay in remitting TDS, which is government money held in a fiduciary capacity. 2. Financial Difficulty as a Justification for Delay: The assessee contended that financial problems led to delayed TDS remittance and return filing. The CIT (A) analyzed the financial statements and concluded that the company had sufficient financial resources to comply with TDS obligations. The CIT (A) noted significant employee costs and professional expenses, indicating sound financial health. Thus, financial crisis was not accepted as a reasonable cause for the delay. 3. Applicability of Section 273B for Reasonable Cause: The assessee invoked Section 273B, which provides that no penalty shall be imposed if reasonable cause is established for the failure. The CIT (A) and the Tribunal examined whether financial difficulties could be considered a reasonable cause under Section 273B. The Tribunal noted that the assessee failed to substantiate continuous financial difficulty with day-to-day cash flow statements and observed that the company had been making payments to employees and vendors without apparent financial strain. 4. Imposition of Penalty under Section 272A(2)(K): The Tribunal upheld the imposition of penalties under Section 272A(2)(K). The provision mandates a penalty of one hundred rupees for each day of failure to file the required statement within the specified time. The Tribunal emphasized that the obligation to deposit TDS and file returns timely is non-negotiable, and financial difficulties do not absolve the assessee from this duty. The Tribunal also distinguished the present case from others where penalties were waived due to ignorance of law or technical issues, noting that the assessee's argument of financial difficulty was not substantiated. Conclusion: The Tribunal concluded that the assessee's financial difficulty argument was not a valid reasonable cause for the delay in remitting TDS and filing returns. The penalties imposed by the AO and upheld by the CIT (A) were deemed in accordance with the law, and the appeals were dismissed. The Tribunal reiterated that the fiduciary duty to remit TDS and file returns timely is paramount and non-compliance attracts penalties under Section 272A(2)(K). Order Pronouncement: The appeals of the assessee were dismissed, and the order was pronounced in the open court on 5th October, 2018.
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