9911796707
TMI Blog2022 (12) TMI 331X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 the tax deducted was already deposited on time with the Revenue Department. It was, therefore, a technical breach of the provisions contained in the Act for submitting the 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. Accordingly, the ground raised in the present appeal is allowed and the Assessing Officer is directed to delete the penalty, as affirmed by the learned CIT(A). Appeal by the assessee is allowed. - ITA No.1525/Mum./2022 - - - Dated:- 15-11-2022 - SHRI PR ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore, the Assessing Officer levied the penalty of Rs. 85,200 under section 272A(2)(k) of the Act. In its appeal before the learned CIT(A), the assessee submitted that it was not aware of the importance of filing the TDS return so due to this negligence the TDS return could not be filed within the prescribed time. The assessee also submitted that there was no malafide intention for concealment of the TDS amount and the entire default is due to negligence and non-awareness of the law. The learned CIT(A) vide impugned order dated 23/03/2022 dismissed the appeal filed by the assessee and upheld the penalty levied under section 272A(2)(k) of the Act. Being aggrieved, the assessee is in appeal before us. 6. During the hearing, learned DR veheme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd, the assessee submitted as follows Due to the lack of knowledge and at the same time non availability of Professional person in the Rural Area i.e. at Sonar Pada village Dombivli East, Thane Rural . Thus it is evident that the assessee had no assistance from any professional person to guide them regarding the compliance of statutory provisions. These facts clearly show that the 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 the tax deducted was already deposited on time with the Revenue Department. It was, therefore, a technical breach of the provisions contained in the Act for submitting the return statement of tax ded ..... X X X X Extracts X X X X X X X X Extracts X X X X
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