2014 (9) TMI 930

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..... ry - It is also a fact that at that time every corporate assessee faced almost similar difficulty, thus, on this technical default no penalty should be imposed. Another fact worth mentioning here is that the electronic filing by the assessee was not pursuant to any notice by the Department. In view of this fact and more specifically when no loss was caused to the Revenue the reasons explained by the assessee are convincing in terms of section 272A(2)(c) of the Act. The object of the constitution is to levy and collect due taxes, therefore, there was no justification to impose penalty by the learned Additional Commissioner-(TDS). The observation made by the learned Additional Commissioner of Income-tax-(TDS) that the assessee deliberately .....

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..... impugned order for ready reference : 5. I have carefully considered the arguments of the appellant, facts of the case and also perused the penalty order under section 272A(2)(c) of the Income-tax Act, 1961, passed by the Additional Commissioner of Income-tax (TDS), Range-2, Mumbai. Admittedly, the delay in filing the quarterly returns is not disputed. The filing of return was delayed because the appellant's staff was not familiar with the new electronic e-TDS system. I find that the delay in this case was mainly due to unawareness of technical application of electronic filing of return on the part of the appellant. But the tax has been paid, deposited to the Government account and there is no revenue loss. .....

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..... returns but at the same time the delay was due to the reason that initially the staff was not familiar with new e-TDS filing system. The delay occurred due to unawareness of technical application of electronic filing of return but still fact remains that due tax was duly deposited in the Government exchequer and there is no loss to the Revenue. The year under consideration was the first year of submitting TDS statement in electronic form for the corporate assessee which was made mandatory. It is also a fact that at that time every corporate assessee faced almost similar difficulty, thus, on this technical default no penalty should be imposed. Another fact worth mentioning here is that the electronic filing by the assessee was not pursuant .....

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