Case Law Details
Delhi Development Authority Vs JCIT (ITAT Delhi)
Undisputed, it is a fact on record that there is inordinate delay in filing the TDS statement in respect of 2nd and 4th quarter in filing Form 24Q and also in filing the TDS statement for Q2, Q3 and Q4. There is delay of 289 days in filing Form 24Q and 675 days in filing form No. 26Q. On perusal of the details of filing of TDS statement, it is seen that the delay is substantial ranging for almost more than one year. We are not inclined to subscribe the plea of the assessee that once, the TDS deducted was deposited within time, there was no loss to the Revenue. In our opinion, simply because the assessee deposited the amount to the Government account, it will not go to mitigate the rigors of assessee’s failure to file the TDS statements within the stipulated time. Moreover, the assessee being a Government Organization is supposed to make strict compliance of law. The contention of the assessee is further not tenable that there is no loss to revenue due to the delay in filing the TDS statements, as the requisite TDS was deposited to the Govt. account in time. It is significant to note that such an inordinate delay may cause loss to Revenue while processing the refunds, if any, to the deductees which fetches substantial amount of interest to be paid by the Government on such refunds, if paid with delay. Moreover, the change /lack of staff with the assessee-organization is not found substantiated by any evidence on record and such a reason, in our considered opinion, does not constitute to be a reasonable cause to file the TDS statements with such an inordinate delay. The case laws relied by the assessee do not render any support to the assessee, as in the instant case we do not find a reasonable cause for filing the TDS statements with delay. In view of this, we find no infirmity in the order of the ld. Authorities below in saddling the penalty against the assessee for above breach of law. Accordingly, the appeal of the assessee deserves to fail being devoid of merits.
FULL TEXT OF THE ITAT JUDGMENT
This is an appeal filed by the assessee against the order of ld. CIT(A)-41, New Delhi dated 04.03.2015 for the assessment year 2011-12 on the following grounds of appeal :
1. That the learned Assessing Officer erred while imposing penalty u/s 272 A(2)(k) of Rs. 96400.00 on account of delay in filing e-TDS return u/s 200(3) of Income Tax Act, 1961. Without considering the genuine reason for delay in filing e-TDS return , the genuine reason for delay in filing e-TDS return for delay in filing e-TDS return are as follows:
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