EXPORT INSPECTION AGENCY,MUMBAI vs. ITO (TDS) 2(3),

The assessee is aggrieved by the decision of the learned CIT(A) in confirming the penalty of ` 43,700/- levied by the Assessing Officer u/s. 272A(2)(k) of the I.T. Act.

The assessee’s authorized representative, Shri Sunil Gujar has filed written submission before us. We have heard learned Departmental Representative and perused the record.

We noticed that the Assessing Officer issued show-cause notice for levying penalty u/s. 272A(2)(k) of the Act, as the assessee had filed quarterly TDS returns beyond the time limit prescribed u/s. 206/206C of the Act. Since

As noticed earlier, learned AR of the assessee has filed a letter dated 5.4.2017, wherein he has explained the reasons for the delay. It can be noticed that the assessee is filing the explanations for the first time before the Tribunal, i.e., there was no occasion for the tax authorities to examine the explanations furnished by the assessee with regard to the delay in filing the TDS returns. Hence we are of the view that the above said explanations filed by the assessee need examination at the end of the Assessing Officer in accordance with law. Accordingly, we set aside the order passed by the learned CIT(A) and restore the issue to the file of the Assessing Officer with the direction to consider the issue afresh by duly considering the explanations furnished by the assessee. After providing adequate opportunity of being head to the assessee, the Assessing Officer may take appropriate decision in accordance with law.

In the result, appeal filed by the assessee is allowed for the statistical purposes. Order has been pronounced in the Court on 13.4.2017.