9911796707
TMI Blog2018 (5) TMI 939X X X X Extracts X X X X X X X X Extracts X X X X ..... s on accounting, accounting heads, etc which consumes considerable time for addressing the same. The assessee in the instant case had to undergo the same problems from October 2009 onwards which had been duly stated by the senior branch manager of Serampore Branch, vide letter dated 11.11.2011. the assessee was reasonably prevented from filing its quarterly TDS statements for 2nd and 3rd quarters of financial year 2009-10 with delay due to reasons beyond the control of the assessee. We hold that the explanation offered by the assessee would constitute ‘reasonable cause’ within the meaning of section 273B of the Act and hence the assessee would be entitled for immunity from levy of penalty u/s 272A(2)(k) - Decided in favour of assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... knowledge regarding the new Modules, the assessee could not collect the required reports of its agents and surveyors to whom commission had been paid. It was submitted before the ld AO that though the taxes deducted at source had been duly deposited to the credit of the Central Government within the prescribed dates, yet in the absence of the necessary reports, it had not been possible for the assessee to prepare the quarterly statements of TDS and submit the same within the prescribed dates. Later on, the quarterly statements of TDS were duly submitted to the ld AO. The ld AO however, observed that the reasons stated for the delay does not constitute reasonable cause within the meaning of section 273B of the Act, and rejected the explana ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f issues on accounting, accounting heads, etc which consumes considerable time for addressing the same. The assessee in the instant case had to undergo the same problems from October 2009 onwards , which had been duly stated by the senior branch manager of , Serampore Branch, vide letter dated 11.11.2011 , which fact is also acknowledged in the order of the ld CITA. The due date of filing the quarterly statement for the second quarter of financial year 2009-10 falls in October 2009 only. Hence we hold that the assessee was reasonably prevented from filing its quarterly TDS statements for 2nd and 3rd quarters of financial year 2009-10 with delay due to reasons beyond the control of the assessee. We hold that the explanation offered by the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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