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Section 272A

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Section 272A penalty increased to Rs. 500 per day from existing Rs. 100

Income Tax : Amendment in the provisions of section 272A of the Act Section 272A of the Act provides for penalty for failure to answer question...

February 2, 2022 7557 Views 0 comment Print

TDS Certificates – Detailed Discussion

Income Tax : As we all are aware that the TDS return process will consider as incomplete until the Valid TDS certificate has been issued by the...

July 31, 2020 230010 Views 31 comments Print

Section 272A Penalty for failure to answer questions or furnish information / returns/ statements or allow inspections etc

Income Tax : The penalty provisions of section 272A of the Income Tax Act covers various penalty like failure to answer the questions or failur...

February 21, 2020 91680 Views 0 comment Print

Delay in Download of TDS Certificate attracts Penalty

Income Tax : Due Date for downloading and Penalty for non-compliance: Please be advised that under the provisions of section 203 of the Income...

July 24, 2018 171483 Views 41 comments Print

Don’t Take TDS Lightly

Income Tax : Nowadays delay in payment of TDS and in TDS return Filing makes an assessee liable to Late Payment Interest, Late Payment Penalty,...

July 24, 2018 42709 Views 30 comments Print


Latest Judiciary


No section 272A(2)(k) Penalty for mere Technical Breach: ITAT Delhi  

Income Tax : Explore Ambience Developers vs. JCIT case: ITAT Delhi holds no penalty for technical breach under section 272A(2)(k) of the Income...

January 25, 2024 459 Views 0 comment Print

Section 40A(2)(b) Disallowance for Assumed Higher Sub-contracting Income is unsustainable

Income Tax : ITAT Delhi held that disallowance under section 40A(2)(b) of the Income Tax Act on merely estimating that more income should have ...

November 1, 2023 900 Views 0 comment Print

Levy of late fees u/s 234E for delay in filing TDS return for period prior to 01.06.2015 unwarranted

Income Tax : ITAT Jodhpur held that levying late fees u/s 234E of the Income Tax Act for delay in filing TDS return for 4th quarter of F.Y. 201...

October 16, 2023 852 Views 0 comment Print

No Section 272A(1)(c) penalty if Reasonable cause shown for delay in providing details

Income Tax : ITAT Mumbai held that penalty under section 272A(1)(c) not warranted as reasonable cause shown for delay in providing the details ...

July 22, 2023 831 Views 0 comment Print

ITAT Deletes Penalty under Section 272A(1)(d) for Technological Illiteracy and Third-Party Negligence

Income Tax : Understand the landmark case of Maqsood Ali Vs ITO, where the Income Tax Appellate Tribunal (ITAT) in Delhi ruled against imposing...

July 17, 2023 7098 Views 0 comment Print


Delay in TDS return filing due to switchover to CBS system – ITAT deletes penalty

January 20, 2023 534 Views 0 comment Print

Where delay in filing TDS statements occurred as employees of assessee-bank were not well acquainted with procedure of e-filing of TDS return and also the bank in near past switched over itself from old system to CBS system and the employees were getting acquainted with the new banking software; it constituted a reasonable explanation under section 273B and hence, penalty levied under section 272A(2)(k) was liable to be deleted.

No penalty for non-compliance when Assessment was made after considering reply of assessee

December 1, 2022 4128 Views 0 comment Print

Hanuman Prasad & Sons Vs DCIT/ACIT/ITO (ITAT Allahabad) In this case assessee has not only replied the notice but also replied to the letter issued by AO. After considering the reply of the assessee, the Assessing Officer framed the assessment under section 143(3) on 28th December, 2019. Once the assessee has made the compliance though […]

Section 272A(1)(C) penalty sustainable for Violation of Section 131

June 20, 2022 798 Views 0 comment Print

Assessee did not appear on the date of hearing and did not furnish any application stating any reasonable cause for not appearing on the given date nor requested any adjournment. Thus, there is a clear violation of provision of Section 131 of the Act and penalty u/s 272A(1)(C) of the Act is attracted.

ITAT deletes section 272A(1)(c) penalty for default due to Ignorance of law

March 23, 2022 2505 Views 0 comment Print

Suresh Kumar Agarwal Vs JDIT (ITAT Jaipur) ITAT perused materials available& observed that learned CIT (A) erred in upholding the order by the AO, Where the assessee admitted his delay in reply for the notice and delay in complying the summons. Assessee submitted that he was a small business contractor and he was not aware […]

Section 272A(1)(d) penalty not leviable if reasonable cause for non-compliance shown

March 15, 2022 82017 Views 0 comment Print

Triumph International Finance India Limited Vs DCIT (ITAT Mumbai)  The first appellate authority has rejected the explanation furnished by the assessee for non-compliance of the notice issued under section 142(1) of the Act merely for the reason that during penalty proceedings under section 272A(1)(d) of the Act, the assessee has not stated the reasonable cause. […]

Section 272A penalty increased to Rs. 500 per day from existing Rs. 100

February 2, 2022 7557 Views 0 comment Print

Amendment in the provisions of section 272A of the Act Section 272A of the Act provides for penalty for failure to answer questions, sign statements, furnish information, returns or statements, allow inspections etc. At present, the amount of penalty for failures listed under sub-section (2) of section 272A is one hundred rupees for every day […]

No Section 272A(2)(k) penalty merely for delay in filing Quarterly TDS Statement

May 17, 2021 3996 Views 0 comment Print

Maharashtra Jeevan Pradhikaran Vs JCIT (ITAT Pune) We have also considered judicial precedents placed on record. In this case penalty has been levied u/s. 272A(2)(k) of the Act due to late filing of TDS statements/returns. However, it is an undisputed fact as admitted by the parties herein, that no loss has been caused to the […]

Section 272A(2)(k) Penalty based on non–existing grounds is unsustainable

December 2, 2020 1719 Views 0 comment Print

District Mining Officer Vs JCIT (TDS) (ITAT Allahabad) It is noted that the Assessing Officer has initiated the penalty proceedings u/s 272A(2)(k) of the Income Tax Act for the alleged default of delivering the statement of TDS in Form 26Q within the time specified in section 200(3) read with proviso to section 206(3). In the […]

TDS Certificates – Detailed Discussion

July 31, 2020 230010 Views 31 comments Print

As we all are aware that the TDS return process will consider as incomplete until the Valid TDS certificate has been issued by the deductor. Now if we focus on the word Valid TDS Certificate, it means Form 16/ Form 16A issued by authenticated authority. As on the current date the TRACES have the authorisation […]

Section 272A Penalty for failure to answer questions or furnish information / returns/ statements or allow inspections etc

February 21, 2020 91680 Views 0 comment Print

The penalty provisions of section 272A of the Income Tax Act covers various penalty like failure to answer the questions or failure in furnishing several information / returns / statements etc. The provisions of section 272A are taken up and explained in the present article. Applicability of provisions of section 272A of the Income Tax […]