Case Law Details
State Bank of India Vs ACIT (ITAT Pune)
We find that the assessee had deducted TDS as per rates prescribed by the Act and the same was deposited in Central Government account, but with a delay in filing the TDS statement as required under law. For such failure the respondent-revenue levied late fee u/s. 234E of the Act vide its intimation, which was confirmed by the CIT(A). Before us, the ld. AR reiterated the same submissions as advanced before the CIT(A) in explanation to delay. We note that the assessee is a public sector undertaking and leader in banking business. We are unable to accept the contention of ld. AR that the appeal could not be file in time before the CIT(A) due to shortage of staff and facilities. As rightly and vehemently contended by the ld. DR that there is no substance in contending that the staff of assessee is neither technically qualified nor efficient, further, it is also not substantiated that the assessee had no support of advisors and tax consultants. The contention of assessee is untenable as it has dearth of advisors and tax consultants as it was having huge financial commitments, but however, taking into consideration the peculiar facts and circumstances of the case, submissions of ld. AR and ld. DR and in the interest of justice, we deem it proper to remand the matter to the file of CIT(A) subject to the payment of cost Rs.1 lac (Rs.1,00,000/-) in favour of the Prime Minister Relief Fund and the assessee shall pay said amount within 30 days from the date of receipt of this order. The CIT(A) shall satisfy himself the payment of cost to the Prime Minister Relief Fund and on such satisfaction, the CIT(A) shall condone the delay and adjudicate the issue on merits and pass the order, in accordance with law. Thus, the grounds raised by the assessee are allowed for statistical purpose.
FULL TEXT OF THE ORDER OF ITAT PUNE
All these batch of 24 appeals by the assessee against the separate orders dated 24-04-2019, 25-04-2019 and 26-04-2019 passed by the Commissioner of Income Tax (Appeals)-1, Aurangabad [‘CIT(A)’] for above mentioned assessment years.
2. Since, the issues raised in all the appeals are similar basing on the same identical facts. Therefore, with the consent of both the parties, we proceed to hear all the appeals together and to pass a consolidated order for the sake of convenience.
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