9911796707
TMI Blog2016 (8) TMI 508X X X X Extracts X X X X X X X X Extracts X X X X ..... ed at source returns within the prescribed period. Further, it had also been recorded that the penalties under section 272A(2)(k) of the Act have rightly been imposed upon the appellant in all the three financial years. The assessee had failed to explain that there was any reasonable cause or failure to comply with the provisions of law and the authorities below had concurrently concluded that there was delay in filing the tax deducted at source returns without any justifiable reason or cause. - Decided against assessee X X X X Extracts X X X X X X X X Extracts X X X X ..... ) upheld the order of the Commissioner of Income-tax (Appeals) and dismissed the appeal. Hence, the instant appeals. 4. Learned counsel for the appellant submitted that the penalty of ₹ 4,84,945 levied under section 272A(2)(k) of the Act was unwarranted. Section 200(3) of the Act and rule 31A of the Income-tax Rules, 1962 (in short "the Rules") were referred to by the learned counsel. It was also urged that there was reasonable cause within the meaning of section 273B of the Act on the basis of which there was justification for delay in filing the tax deducted at source returns. Moreover, the tax deducted at source was deposited within time and, therefore, there was no loss of revenue. Relying upon the judgments of this court in CIT (TDS) v. Executive Engineer [2010] 320 ITR 494 (P&H) ; H. M. T. Ltd., Tractors Division v. CIT [2005] 274 ITR 544 (P&H) ; the Rajasthan High Court in CIT v. Deputy Housing Commissioner, Rajasthan Housing Board [2004] 265 ITR 686 (Raj) and the Allahabad High Court in CIT v. Accounts Officer, Telecom [2006] 281 ITR 302 (All), it was urged that no penalty under section 272A(k) of the Act was exigible. 5. After hearing learned counsel for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause to be delivered a copy of the statement under sub-section (3) of section 200 within the specified time. The quantum of penalty thereunder is a sum of one hundred rupees for every day default till the date of filing the tax deducted at source return but the same would be limited to the amount of tax deductible or collectable as the case may be. It is in the following terms : "272A. (2). If any person fails- . . . (k) to deliver or cause to be delivered a copy of the statement within the time specified in sub-section (3) of section 200 or the pro viso to sub-section (3) of section 206C ;" 9. Having noticed the relevant statutory provisions, we proceed to examine the contention relating to concept of "no loss of revenue" for exigibility of penalty, as urged by the learned counsel for the appellant. Section 200(3) of the Act read with rule 31A(2) of the Rules enjoins upon any person deducting tax at source to file statements of deduction of tax at source within the prescribed period specified thereunder. In our opinion, the penal provisions contained in section 272A(2)(k) of the Act has been inserted for the purpose of compliance of filing of tax deducted ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e had deducted tax at source but it was not reflected in the 26AS statement. Thus, it shows that various persons would stand to suffer on whose behalf taxes have been deducted for not getting benefit of those taxes for no fault of theirs due to non-filing of statements on time. Therefore, the law enunciated in Hindustan Steel Ltd. v. State of Orissa [1972] 83 ITR 26 (SC) has no applicability to the present case. 10. The appellant had filed the tax deducted at source returns late as per the details given below : Quarter Due date of filing of TDS return Date of filing of TDS return Delays in filing TDS returns Amount Amount of penalty Penalty restricted to 1st 15-7-2008 10-5-2013 1760 1,46,068 1,76,000 1,46,068 2nd 15-10-2008 10-5-2013 1668 35,377 1,66,800 35,377 3rd 15-1-2009 10-5-2013 1576 1,90,192 1,57,600 1,57,600 4th 15-5-2009 13-5-2013 1459 1,8,2251 1,45,900 1,45,900 Total 6463 5,60,888 6,46,300 4,84,945 11. There was a delay of nearly five years in filing the deduction of tax at source returns/statements as is discernible from the perusal of Form No. 26Q reproduced above for the financial year 2008-09 relating to the assessment year 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
