9911796707
TMI Blog2015 (12) TMI 689X X X X Extracts X X X X X X X X Extracts X X X X ..... he facts are, the assessee is a Private Limited Company. The Assessing Officer, on examination of records pertaining to the assessee, found that assessee had not filed the quarterly TDS statement for the financial year 2009-10, within the due date as provided under section 206 / 206C of the Act r/w rule 37 of the Income Tax Rules, 1962. He observed that as per the provisions contained under section 200(3) r/w rule 31A, the assessee being a deductor is required to file the quarterly TDS statement for each quarter by 15th July, 15th October, 15th January and 15th June of the year. As the assessee has not filed the quarterly statement within the aforesaid prescribed date, the Assessing Officer issued a show cause notice to the assessee to expl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of filing TDS statement. The learned counsel submitted even though there is delay in filing TDS statement but they were filed much before the issuance of show cause notice by the Assessing Officer and much before the filing of TDS statements, assessee has remitted TDS amount to Government account along with the statutory interest in those cases where remittance was delayed. Thus, the learned Counsel for the assessee submitted when there is no loss to the Revenue for a mere technical breach, penalty should not be levied. It was further submitted that when the assessee had deposited the TDS amount to the Government account, the assessee has to be treated as a law abiding citizen and the delay in filing the TDS statement should not be attribut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f filing of TDS statement, it is seen that the delay is substantial ranging from almost one year to about two years. It is also relevant to note that on a specific query from the bench it was submitted by the learned Counsel that in respect of some of the quarters TDS amount was remitted to the Government account beyond the prescribed date. Thus, keeping in view the aforesaid factual decision, it is to be decided whether there is a reasonable cause for not imposing penalty. As could be seen, in response to the show cause notice, the assessee has submitted its Explanation by stating that the deductee is the director of the company to whom rent / professional fee was paid and salary was paid to the family members of the company, hence, there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... also applicable in case of imposition of penalty under section 272A(2)(k), but, at the same time, the assessee has to show reasonable cause for the default. As far as the decision relied upon by the learned Counsel for the assessee, we find them to be factually distinguishable. What constitutes reasonable cause would vary from case to case. The ratio laid down in a particular decision will not apply unless the facts are identical. In case of State Bank of Bikaner & Jaipur (supra), the assessee had paid the TDS amount in time. Moreover, it was explained by the assessee that after centralization of the taxation system, the Branch was not aware where to file the TDS return. Considering the aforesaid fact, the Tribunal deleted the penalty by ho ..... X X X X Extracts X X X X X X X X Extracts X X X X
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