ITO, TDS-II Vs The Thane Janata Sahakari Bank Ltd. (ITAT)- The short controversy is that the assessee did not quote PAN number in TDS ereturn while uploading the e-returns. In our opinion, it is a reasonable cause. What we find that as admittedly the new system of filing e-TDS-returns is introduced. Being a new system, having a some problems with software and for that the assesse bank can not be held responsible. No where is denied by the A.O. that as claimed by the Assesse, there system error. In our opinion, it is a reasonable cause for not quoting PAN numbers in e-return of TDS. We further find that the assessee thereafter immediately filed the revised TDS ereturn and also have furnished Form no.60. n our opinion, there is a reasonable cause on the part of the assessee for not quoting the PAN numbers in e-TDS return and no penalty is leviable. Accordingly, all the grounds in the revenue’s appeal are dismissed and the cross objection filed by the assesse is allowed and we delete the penalty sustained by the Ld. CIT (A).
INCOME TAX APPELLATE TRIBUNAL, MUMBAI
ITA No. 6643/Mum/2009- (Assessment Year: 2008- 09)
C.O. No. 161/Mum/2010
ITO, TDS- II
Vs
The Thane Janata Sahakari Bank Ltd.
Date of Pronouncement: 19.08.2011
O R D E R
