9911796707
TMI Blog2021 (8) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... 09-10 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-2, Pune in appeal No. PN/CIT(A)-2/ACIT TDS/THN/64/2017-18 dated 19/01/2018 (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 issue to be decided in this appeal is as to whether the ld. CIT(A) was justified in confirming ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as considerable delay in filing of TDS returns by the assessee, the ld. AO proceeded to levy penalty u/s. 272A(2)(k) of the Act in the sum of Rs. 1,47,668/-. We find that assessee had given reply in response to show-cause notice by stating that the Central Board of Direct Taxes vide notification dated 18/03/2010 had notified changes in data structure and validations for filing e-TDS statement with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cause of the delay in filing TDS returns from the side of the assessee as all taxes have been duly deposited to the account of Central Government within time. We hold that though, there is a delay in filing of quarterly returns by the assessee, the same in the peculiar facts and circumstances of the instant case, would only amount to technical venial breach committed by the assessee. The very purp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt in the case of CIT vs. Arunachalam reported in 208 ITR 481. In view of the aforesaid observations and respectfully following the same, we hereby direct the ld. AO to delete the penalty levied u/s. 272A(2)(k) of the Act in the peculiar facts and circumstances of the case. Accordingly, the grounds raised by the assessee are allowed. 4. In the result, appeal of the assessee is allowed. Order pro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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