DISTRICT LABOUR OFFICE,CUTATCK vs. ACIT, CPC-TDS, GAZIABAD
What did the Tribunal hold?
The Tribunal found that the CIT(A) had only adjudicated one ground of appeal and failed to address the other grounds raised by the assessee. Therefore, the appeals were restored to the CIT(A) for fresh adjudication on all grounds.
What were the facts?
The assessee, a Government of Odisha organization, was levied late filing fees for quarterly TDS returns. The assessee argued that the fees were imposed without a show cause notice and that the delay was due to exigencies, with tax deposited and certificates issued on time.
What were the issues?
Whether late filing fees under Section 234E can be imposed without issuing a show cause notice. Whether the CIT(A) properly adjudicated all grounds of appeal raised by the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: SHRI CHANDRA MOHAN GARG & LAXMI PRASAD SAHU
IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK
BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND LAXMI PRASAD SAHU, ACCOUNTANT MEMBER
ITA Nos.100 to 103/CTK/2019 Assessment Years:16-17(Qr.4) & 2017-18 (Qr. Nos. 2 to 4)
District Labour Office, Vs. ACIT, CPC-TDS, Ghaziabad- Nuapada, Khapuria, Cuttack 201010 PAN/GIR No. (Appellant) .. ( Respondent)
Assessee by : Shri Natabar Panda, AR Revenue by : Shri J.K.Lenka, DR
Date of Hearing : 25/11/ 2019 Date of Pronouncement : 25 /11/ 2019
O R D E R Per C.M.Garg,JM These are appeals filed by the assessee against the separate
orders of the CIT(A), Cuttack for the assessment year 2016-17
and 2017-18.
In all four appeals, although the assessee has raised various
grounds but the effective grievance is that the ld CIT(A) is not
justified in confirming the imposition of late filing fee without
issuing show cause notice to the appellant.
At the time of hearing, ld counsel for the assessee submitted
that before the CIT(A), the assessee had raised as many as six
P a g e 1 | 4
I T A N o s . 1 0 0 t o 1 0 3 / C T K / 2 0 1 9 A s s e s s me n t Ye a r s :1 6 -1 7 (Q r . 4 ) & 2 0 1 7 -1 8 (Q r . N o s . 2 t o 4 )
grounds but the appeals of the assessee have been dismissed by
adjudicating Ground No.1 of the assessee only. Ld A.R. submitted
that the order passed by the ACIT-CPC-TDS is illegal being devoid
of jurisdiction, hence, the intimation issued is liable to be
quashed. Ld A.R. vehemently pointed out that the AO is not
justified in imposing late filing fee on the appellant without issuing
show cause notice and the AO ought to have considered the
exigencies for which the appellant being a Government of Odisha
Organisation was prevented to file quarterly return in time, hence,
the delay occurred should have been condoned and the late filing
fee levied on the appellant is liable to be cancelled or waived. Ld
A.R contended that the AO has passed a non-speaking order in a
mechanical manner, hence, intimation issued is liable to be
quashed. Ld A.R. also pointed out that the appellant has
deposited tax deduction amount in time with the Government
exchequer and issued the certificate in Form No. 16A to the
deductee before the due time, therefore, no one has been
adversely affected in the process. Therefore, impugned penalty
being unjustified is liable to be cancelled/waived.
Replying to above, ld D.R. pointed out that when TDS return
was filed belatedly, then the ACIT CPC-TDS has nothing to do
because imposition of penalty being system generated order,
P a g e 2 | 4
I T A N o s . 1 0 0 t o 1 0 3 / C T K / 2 0 1 9 A s s e s s me n t Ye a r s :1 6 -1 7 (Q r . 4 ) & 2 0 1 7 -1 8 (Q r . N o s . 2 t o 4 )
which does not require a normal processing of hearing before the
AO. However, in all fairness, ld D.R. submitted that if it is just
and proper to remit the matter to the file of the CIT(A) for fresh
adjudication, the department has no objection to adjudicate
Ground Nos.2 to 6 of appeal raised before the CIT(A).
On careful consideration of the first appellate order, we
clearly observe that the CIT(A) has dismissed the appeals of the
assessee by deciding Ground No.1 of appeal of the appellant in all
four quarters and there is no adjudication or deliberation with
regard to Ground Nos.2 to 6 of the appellant. The ld CIT(A) is
required to adjudicate all grounds raised by the
assessee/appellant in Form No.35 and such lapse tags the CIT(A)
incomplete adjudication order. Keeping in view the rival
submissions of both the sides and considering the totality of the
facts and circumstances of the case, we are of the considered view
that the CIT(A) has decided only Ground No.1 of appeal and has
not adjudicated Ground Nos.2 to 6 of appeal raised in Form No.35
in all four appeals, which is bearing on the findings recorded by
the CIT(A) pertaining to Ground No.1 of appeal. Therefore, we
deem it just and proper to restore the appeals to the file of the
CIT(A) to decide the appeals denovo by adjudicating all the
grounds of appeal raised before him.
P a g e 3 | 4
I T A N o s . 1 0 0 t o 1 0 3 / C T K / 2 0 1 9 A s s e s s me n t Ye a r s :1 6 -1 7 (Q r . 4 ) & 2 0 1 7 -1 8 (Q r . N o s . 2 t o 4 )
In the result, appeals of the assessee are allowed for
statistical purposes.
Order pronounced on 25 /11/2019.
Sd/- sd/- (Laxmi Prasad Sahu) (Chandra Mohan Garg) ACCOUNTANT MEMBER JUDICIAL MEMBER
Cuttack; Dated 25 /11/2019 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : District Labour Office, Nuapada, Khapuria, Cuttack
The Respondent. ACIT, CPC-TDS, Ghaziabad-201010 3. The CIT(A)-, Cuttack 4. Pr.CIT, Cuttack 5. DR, ITAT, Cuttack 6. Guard file. //True Copy//
By order
Sr.Pvt.secretary ITAT, Cuttack
P a g e 4 | 4
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