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TMI Blog2014 (7) TMI 471X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of the total deductees - when there is compliance in furnishing the PAN data in accordance with the threshold limit of 90% prescribed in the press release by the CBDT, the penal provisions do not attract – Revenue has also not been able to distinguish the decision – Decided in favour of Assessee. - ITA No.4171/Del./2013 ITA No.4172/Del./2013 ITA No.4173/Del./2013 ITA No.4174/Del./2013 - - - Dated:- 20-6-2014 - Shri George George K. And Shri B. C. Meena,JJ. For the Petitioner : Shri Ansul Kumar For the Respondent : Shri Satpal Singh, Senior DR ORDER Per B. C. Meena, Accountant Member All these four appeals filed by the assessee emanates from the order of the CIT (Appeals), Rohtak dated 15.04.2013. The CIT (A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e cause for the failure to quote correct PAN in the quarterly e-TDS returns. 3. Without prejudice to the above, the Hon'ble CIT(A) erred in rejecting the alternative ground of the appellant that default in quoting wrong PAN in e-TDS return should be considered as whole i.e. single default and penalty under section 272B cannot exceed 10,000 irrespective of the number of wrong PAN. 4. Without prejudice to the above, the Hon'ble CIT(A) erred in calculating penalty on the basis of number of deductees at the time of filing the e- TDS return in respect of which incorrect PAN was quoted. He failed to appreciate that after all the revised quarterly statements filed by the appellant, the total number of deductees in respect of which in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... salaries), Form NO.26Q (for payment other than salaries) or Form NO.27EQ (for TCS). These forms require details of all tax deductions with name and permanent account number (PAN) of parties from whom tax was deducted. It had earlier been decided that Form No,24Q with less than 90% of PAN data and Form NO.26Q and Form NO.27EQ with less than 70% of PAN data will not be accepted for the quarter ending 30.092007 and thereafter. The said decision has been reviewed. It has now been decided to enhance the threshold limit for PAN quoting without which TDS/TCS returns will not be accepted. The limit has been enhanced to 95% from 90% in case of Form 24Q and to 85% from 70% in case of Forms 26Q and 27EQ. The enhanced limits will be applicable for a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... compliance in furnishing the PAN data in accordance with the threshold limit of 90% prescribed in the press release by the CBDT, the penal provisions do not attract. We therefore delete the penalty levied u/s 2728 of the Act. He also submitted that reliance of revenue on the decision of Hon'ble jurisdictional High Court in the case of CIT (TDS), Chandigarh vs. Supdt. of Police reported in (2013) 31 Taxmann.com 32 P H is also misplaced. He pleaded that this judgment is rather in favour of the assessee wherein the revenue s appeal was dismissed by Hon'ble High Court which is clear from para 7 of the said judgment and the same is reproduced below :- 7. On appreciation of the entire matter, CIT (A) and the Tribunal examined the ex ..... X X X X Extracts X X X X X X X X Extracts X X X X
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