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TMI Blog2015 (9) TMI 180X X X X Extracts X X X X X X X X Extracts X X X X ..... vidence before the A.O. to establish that there was a delay on the part of the concerned deductees to furnish their PAN details and the same constituted a reasonable cause which prevented the assessees from filing the relevant TDS returns within the stipulated time. He therefore has urged that one opportunity may be given to the assessees by sending the matter back to the A.O. for this purpose. Thus consider it fair and proper and in the interest of justice to accept this contention of the Ld. Counsel for the assessee and since the learned D.R. has also not raised any objection in this regard, set aside the impugned order of the Ld. CIT(A) and restore the matter to the file of the A.O. with a direction to decide the issue relating to impos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... That the deductees did not submit the required information in time to GHMC. b) That each Zone has several Circles and there has been delay in receiving information from one or the other Circle. c) That GHMC was busy in attending to several other Government programs like pension to old age people, submission of reports to Government etc., d) That shortage of manpower is one of the main reasons for delay in filing TDS returns. e) That GHMC, being a local body, being a Government organization, does not have any malafide intention in late filing of TDS returns. As such the tax was deducted and paid to Government account. There is no revenue loss to the Income Tax Department nor there is any revenue gain to GHMC in late filing of TD ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y (in Rs.) Form 26Q 32,400 Form 24Q 63,000 Total 95,400 GHMC (West Zone) F.Y. 2010-2011 Total Penalty (in Rs.) Form 26Q 27,500 Form 24Q 3,99,500 Total 4,27,000 GHMC (South Zone) F.Y. 2010-2011 Total Penalty (in Rs.) Form 26Q 61,200 Form 24Q 71,500 Total 1,32,700 2.2. The penalties imposed by the A.O. under se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf of the assessees, the Ld. CIT(A) held that all the assessees being Government organization, there was no malafide intention in filing TDS returns belatedly. He also held that the tax at source having been deducted and paid by the assessees as per the relevant provisions of the Act, the delay in filing the TDS returns was only a technical default and there being no loss to the revenue or any monetary gain to the assessees, the penalties imposed by the A.O. under section 272A(2)(k) in case of all the six assessees were not justified. Accordingly, the penalties imposed by the A.O. under section 272A(2)(k) in case of all the six assessees were cancelled by the Ld. CIT(A). Aggrieved by the order of the Ld. CIT(A), the Revenue has preferred th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lty can be levied under clause (k) of sub-section (2) to section 272A on or after 1st day of July, 2012 for the failure on the part of the assessees to deliver or caused to be delivered a copy of the statement within the time specified in sub-section (3) of section 200. Secondly, he contended that the reasonable cause which prevented the assessees from filing the relevant TDS returns within the stipulated time was pleaded by the assessees before the A.O. as well as before the Ld. CIT(A) by pointing out that there was a delay on the part of the deductees in furnishing their PAN details which resulted in the delay in filing the TDS returns by the assessees. 6. I have considered the rival contentions and also perused the relevant material o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t even though the same covers the failure relating to a statement referred to in sub-section (3) of section 200 as involved in the present cases, it is applicable to such a statement which has to be delivered or caused to be delivered for tax deducted at source or tax collected at source, as the case may be, on or after the 1st day of July, 2012. In the present cases, the relevant TDS returns were to be delivered or caused to be delivered by the assessees before the 1st day of July, 2012 and this being the undisputed position, I am of the view that the second proviso to section 272A(2) is not applicable in the present cases. The reliance of the Ld. Counsel for the assessee on the said proviso to support the impugned order of the Ld. CIT(A) ..... X X X X Extracts X X X X X X X X Extracts X X X X
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