2016 (3) TMI 723

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Member These appeals of the assessee are directed against the common order of the Commissioner of Income-tax (Appeals)-VII, Chennai, dated 17.9.2014 for assessment years 2010-11 and 2011-12. Since common issue arises for consideration in both the appeals, we heard them together and disposing of the same by this common order. 2. Shri T Banusekar, ld. Representative for the assessee submitted that .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ment and hence, penalty u/s 272A(2)(k) cannot be levied. 4. On the contrary, Dr B Nischal, ld. Departmental Representative submitted that under the scheme of the Income-tax Act, 1961, the assessee is expected to deduct tax and also file quarterly statement in Form 24Q. According to the ld. DR, filing of return is a statutory function of the deductor u/s 200(3) of the Act. Non-availability of PAN .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the Government account, mere failure to upload the quarterly statement as required u/s 200(3) of the Act will not result in levy of automatic penalty. Of course, it is statutory function of the assessee to upload the quarterly statement as required under the statutory provision. The fact remains that unless the PAN of the deductees is available with the assessee, the assessee could not upload the .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X