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TMI Blog2016 (1) TMI 1293X X X X Extracts X X X X X X X X Extracts X X X X ..... in the expansion of the business and installation of a new plant at Palsana and therefore, there was no willful intention not to comply with the provision. AS citing of the PAN was mandatory vide circular dated 12/2/2008 and therefore, the GDS return were not accepted by the computer but The PAN was received very late . The facts were not denied by the ld DR, in my opinion, the default was mere a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns and perused the materials available on record. It is observed that the issue in question is squarely covered by the decision dated 6-11-2015 of ITAT Jaipur (SMC) Bench in the case of M/s. Kaler Electricals (P) Ltd. vs. ACIT, Circle- Sikar (ITA No. 283/JP/2015 for the assessment year 2010-11) wherein it has been observed as under:- 3. After hearing the ld DR and carefully considered his sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere not denied by the ld DR, in my opinion, the default was mere a technical breach. It is a case of assessee that he has duly deducted the tax and paid the tax. The provision of Section 273B of the Act mandates that if the assessee was prevented by the reasonable cause, therefore, no penalty should be levied. This provision includes within its fault Section 272A(2), I, therefore, set aside the or ..... X X X X Extracts X X X X X X X X Extracts X X X X
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