9911796707
TMI Blog2021 (6) TMI 504X X X X Extracts X X X X X X X X Extracts X X X X ..... 019 for A.Y. 2012-13 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-59, Mumbai in appeal No. CIT(A)-59/IT-65/2016-17 dated 25/04/2019 (ld. CIT(A) in short) in the matter of imposition of penalty u/s. 272A(2)(k) of the Income Tax Act, 1961 (hereinafter referred to as Act). 2. The only effective issue to be decided in this appeal is as to whether the ld. CIT(A) was justifie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2016 1330 Total 5007 3.1. For the aforesaid delay, the ld. AO proceeded to levy penalty @100/- per day in terms of Section 272A(2)(k) of the Act and accordingly, arrived at the penalty amount of Rs. 500,700/-. This levy of penalty was upheld by the ld. CIT(A) on the ground that assessee had not offered any reasonable cause for delay in filing of TDS statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmencement of the present penalty proceedings. The assessee submitted that since the tax deducted was not paid in time, the TDS statements could not be filed electronically. According to assessee, the same constituted reasonable cause within the meaning of section 273B of the Act and hence there cannot be any levy of penalty u/s. 272A(2)(k) on it. Admittedly, we find that assessee had duly deducte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... view of the same, we have no hesitation in directing the ld. AO to delete the penalty levied u/s. 272A(2)(k) in the facts and circumstances of the instant case. Accordingly, the grounds raised by the assessee are allowed.
4. In the result, appeal of the assessee is allowed.
Order pronounced on 11/06/2021 by way of proper mentioning in the notice board. X X X X Extracts X X X X X X X X Extracts X X X X
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