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TMI Blog2024 (8) TMI 882X X X X Extracts X X X X X X X X Extracts X X X X ..... was received towards collection of TCS on such payment and as soon as the default was pointed out, the assessee made swift compliance. Thus, we are of the considered view that assessee cannot be treated as assessee in default per se in the present circumstances and there exists reasonable cause giving rise to such technical default. Penalty imposed u/s 271CA/271C in all the three captioned appeals stands deleted.- Assessee appeal allowed. - Shri Pradip Kumar Kedia, Accountant Member And Shri Yogesh Kumar Us, Judicial Member For the Assessee : Shri Pramjeet Singh, C.A. For the Revenue : Shri Anshul, Sr. D.R. ORDER PER PRADIP KUMAR KEDIA, AM : The captioned three appeals have been filed by the assessee against the first appellate order of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed by the assessee in ITA No.861/Del/2023 for A.Y. 2018-19 reads as under: 1. That under the facts and circumstances of the case the learned Assessing order has erred in initiating the proceedings. The initiation of proceedings is arbitrary, unjust, uncalled for illegal and against the provision of the act. 2. That Assessing Order erred in law in invoking Section 271C which is not applicable in our case. Hence, Assessment Order deserves to be quashed. 3. That under the facts and circumstance of the case the learned Additional Commissioner of Income Tax has not considered the rectification order passed under section 154, accepting the contention of assessee and deleting the interest for late deposit of tax. Hence, the levy of penalty is uns ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ination with the State Govt. In the course of survey proceedings under section 133A of the Act, the Assessing Officer found that assessee has failed to collect tax at source (TCS) on parking lot being given on license amounting to Rs. 35,000/- for F.Y. 2016-17 relevant to A.Y. 2017-18 in question. The breach of similar amounts has been committed in other appeals. Order under section 271CA of the Act dated 21.02.2019 concerning A.Y. 2017-18 and similar orders in other years were passed seeking to impose penalty for failure to collect tax at source required under provision of Chapter XVII-BB of the Act. 6. The learned Counsel submitted at the outset that as soon as the discrepancy and deficiency came to the notice of the assessee, the mistake ..... X X X X Extracts X X X X X X X X Extracts X X X X
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