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TMI Blog2018 (9) TMI 289X X X X Extracts X X X X X X X X Extracts X X X X ..... nager, Accounts was ill, therefore, there was delay in making compliance. These facts clearly show that assessee had a reasonable cause for failure to comply with the provisions of Law. On filing the belated returns/statements, Revenue has not suffered any loss because tax deducted was already deposited on time with the Revenue Department. Therefore, a technical or venial breach to the provisions contained in the Act for submitting return statement of tax deducted at source. The above reasons are sufficient to hold that the penalty need not be levied in the facts and circumstances of the case - Decided in favour of assessee. - ITA. Nos. 1642 & 1643/Del/2015 - - - Dated:- 4-9-2018 - Shri Bhavnesh Saini, Judicial Member And Shri Prashant M ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isite data i.e., PAN from several purchasers. It was explained that assessee is engaged in business of production of potable country liquor/Alcohol. It was also explained that the assessee regularly collected TCS and the same were deposited on the due dates as prescribed there for under the Act. No default is made-out in the timely deduction and deposit of TCS. It was mentioned that the licensees being small operators, did not obtain PAN. It was clearly explained that many of them did not furnish PAN particulars to the assessee despite due request on time because they did not then have it. In the absence of necessary details, the prescribed limit of collection of 85% PAN particulars of the persons in respect of which a collector has to file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed in time which is beyond the control of the assessee and plausible reasons for default. The assessee relied upon the Order of ITAT, Chandigadh Bench in the case of Collector, Land Acquisition vs. Addl. CIT (TDS), Range (2012) 52 SOT 81 (Chd.). 4. The Ld. CIT(A), however, did not accept the contention of assessee because it was a statutory requirement on the part of the assessee to deduct tax and deposit the amount with the Government and further required to submit the requisite statement as per the provisions of Section 200(3) of the I.T. Act. The assessee has failed to comply with the provision of Law. Therefore, the appeal of the assessee were dismissed by the Ld. CIT(A). 5. Learned Counsel for the Assessee reiterated the subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ench in the case of Royal Metal Printers (P) Ltd. vs. Addl. CIT (2010) 37 SOT 139 (Mum.- Tribu.) in which it was held as under : Delay in filing of TDS returns by assessee was only on account of change of provisions of the Act and tax having been deducted and deposited in time, there was only technical or venial breach, supported by reasonable cause, hence, penalty levied under s. 272A(2)(c) is cancelled. 6. Order of ITAT, Delhi Bench in the case of ITO (TDS), Rohtak vs. Executive Engineer (2015) 69 SOT 421 (Del.-Tribu.) in which it was held as under : No penalty was imposable under section 272B where assessee failed to mention correct PAN of few deductees in quarterly e-TDS return which in fact were not available with it at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the requisite return/statement could not be filed on time. The assessee also pleaded that Manager, Accounts of the Company was on leave due to serious illness, therefore, there was no compliance on the part of the assessee within the time. The above facts clearly prove that the statement/returns to be furnished by the assessee within the time were entirely depending upon the information to be supplied by the purchasers. The assessee explained that the purchaser/licensee being small operator did not obtain PAN, therefore, particulars could not be filed in time. This was the reason for not filing the return/statement within the period of limitation. Further, the Manager, Accounts was ill, therefore, there was delay in making compliance. Thes ..... X X X X Extracts X X X X X X X X Extracts X X X X
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