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TMI Blog2018 (5) TMI 1984X X X X Extracts X X X X X X X X Extracts X X X X ..... d manner of compliances thereof. TDS compliances have undergone frequent changes over the last decade in terms of deduction, deposit, e-filing of TDS returns and generation of TDS certificates etc. Therefore, without delving much deeper into the issue on merit, we are inclined to delete the said penalty on the facts and circumstances of the case and accordingly, allow assessee s appeal. - ITA Nos. 2916 to 2918/Mum/2016 - - - Dated:- 11-5-2018 - Shri R.C. Sharma, Accountant Member and Shri Ravish Sood, Judicial Member Appellant by: Shri Devendra Jain Respondent by: Shri V. Janardhanan ORDER Per Bench These are appeals filed by the assessee against the order of the CIT(A)1, Thane for A.Y. 2010-11, in the mat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 39,400 TOTAL 1,84,272 As there was delay in filing the TDS statements for the above four quarters for the year under consideration the AO issued show cause notice to the assessee asking it to explain why penalty u/s. 272A(2)(k) of the I.T. Act should not be imposed in his case. Being not satisfied with the reply of the assessee, the AO imposed penalty under Section 272A(2)(k) of Act amounting to ₹ 61,562/- for Q1 i.e. Appeal No. 789 due to delay in filing the TDS statement. By the impugned order the CIT(A) has confirmed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 234E to levy fee of ₹ 200 per day for delay in filing TDS return indicating thereby penalty should not be levied in a case where taxes were paid in time and there is no loss to revenue. 2.5. The Ld. AO has levied the penalty stating that due to delay in filing the TDS returns by the deductors, the deductee have to suffer a lot as they do not get credit of TDS till the time TDS statements are uploaded by the deductors . In this respect we wish to state as follows :- a. Deductees claim credit for TDS only on filing of their return of income. Return can be filed only after release of Forms / Returns. The first due date of filing return for F. Y. 2008-09 i.e. A. Y. 2009-10 was 31.07.2009. b. The credit can also be claimed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iring the assessee to submit quarterly statements of deduction of tax under sec. 200(3) within the time prescribed. Such delay had not caused any loss to the revnue. C) Rajathan Tribal Area Development Co-operative Federation Ltd. Vs. ITO (60 TTJ 427 Jp Trib) where it was held that for mere failure to furnish TDS returns, penalty was not justified as there was no default in deducting tax at source or in depositing the tax in government Treasury. 5. We have gone through the order of the Tribunal dated 12.04.2017 wherein the penalty imposed under Section 272A(2)(k) has been deleted after having the following observation: - 3. The Ld. Counsel for Assessee [AR] raising similar contentions pleaded that the assessee was an individual t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... end upon some experts to comply with these provisions as TDS provisions certainly require certain higher degree of understanding of TDS provisions and manner of compliances thereof. We also note the fact that the TDS compliances have undergone frequent changes over the last decade in terms of deduction, deposit, e-filing of TDS returns and generation of TDS certificates etc. Therefore, without delving much deeper into the issue on merit, we are inclined to delete the said penalty on the facts and circumstances of the case and accordingly, allow assessee s appeal. 5. Now we take up ITA No.4207/M/2016 for AY 2010-11 where the assessee is saddled with a penalty of ₹ 58,200/- in similar manner for late filing of quarterly TDS return fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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