Case Law Details
UCO Bank Vs JCIT (ITAT Delhi)
On perusal of the submissions made before learned Commissioner (Appeals), it is noticed that the employees of the assessee were not well acquainted with the procedure of e-filing of TDS return which was made effective from assessment year 2008-09. Assessee had submitted, the employees were still at learning stage, as far as computerized system of filing is concerned, since, the bank in the near past had switched over itself from old system to CBS system and the employees are getting acquainted with the new banking software. In our view, the aforesaid submissions made by the assessee constitute a reasonable explanation under section 273B of the Act. Therefore, there is no justifiable reason for imposing penalty, merely, because there is delay in furnishing the TDS quarterly statements. Moreover, learned Commissioner (Appeals) has not gone into the merits of the issue and dismissed assessee’s appeal in limine. Even, accepting that assessee’s version of delay is not correct and actual delay is of 80 days, in our view, such delay not being fatal should have been condoned as the assessee has made out a case for condonation of delay.
Further, when the appeal filed by the assessee is against the imposition of penalty under section 272A(2)(k), we fail to understand what more clarification was required by learned Commissioner (Appeals) regarding the nature of relief sought by the assessee. In view of the aforesaid, we delete the penalty imposed of Rs.12,27,000/- under section 272A(2)(k) of the Act.
FULL TEXT OF THE ORDER OF ITAT DELHI
Captioned appeal has been filed by the assessee assailing the order dated 04.08.2017 passed by learned Commissioner of Income Tax (Appeals)-41, New Delhi, confirming the penalty imposed under section 272A(2)(k) of the Income-tax Act, 1961 (in short ‘the Act’) for the assessment year 2008-09.
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