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TMI Blog2024 (1) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... Quarterly TDS returns were suo moto filed by the assessee after due remittance of TDS with applicable interest without receiving any notice from the income tax department, thus as pleaded that there was only a technical venial breach committed by the assessee - HELD THAT:- We find that the assessee had duly explained the reasons for the delayed filing of TDS returns. The reasons explained by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ER PER M. BALAGANESH, A. M.: 1. The appeal in ITA No. 1633/Del/2022 for AY 2010-11, arises out of the order of the Commissioner of Income Tax (Appeals)-27, New Delhi [hereinafter referred to as ld. CIT(A) , in short] in Appeal No. 27/10073/2009-10 dated 18.05.2022 against the order of assessment passed u/s 272A(2)(k) of the Income-tax Act, 1961 (hereinafter referred to as the Act ) da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all these appeals is as to whether the ld. CIT(A) was justified in confirming the levy of penalty u/s 272A(2)(k) of the Act in the facts and circumstances of the instant case. 4. We have heard the rival submissions and perused the materials available on record. It is not in dispute that the assessee had furnished its TDS returns on a quarterly basis with certain delays, which are tabulated in p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the income tax department. Accordingly, it was pleaded that there was only a technical venial breach committed by the assessee , for which it should not be invited with the levy of penalty u/s 272A(2)(k) of the Act. The ld. AO however did not heed to the aforesaid contentions of the assessee and proceeded to levy penalty u/s 272A(2)(k) of the Act for the delayed filing of quarterly TDS return ..... X X X X Extracts X X X X X X X X Extracts X X X X
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