EXPORT INSPECTION AGENCY,MUMBAI vs. ITO (TDS) 2(3),
What did the Tribunal hold?
The Tribunal noted that the assessee provided explanations for the delay for the first time before it. Therefore, the matter was restored to the Assessing Officer for fresh examination of these explanations.
What were the facts?
The assessee filed quarterly TDS returns beyond the prescribed time limit. The Assessing Officer levied a penalty under Section 272A(2)(k) as no explanation for the delay was provided. The CIT(A) confirmed the penalty ex-parte.
What were the issues?
Whether the penalty levied for delayed filing of TDS returns is justified without considering the assessee's explanations for the delay.
Which sections of the Income-tax Act were involved?
Section 272A(2)(k),Section 206,Section 206C
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “E” Bench, Mumbai
Before: Shri B.R. Baskaran (AM)& Ramlal Negi (JM)
O R D E R Per B.R. Baskaran (AM) :-
The appeal filed by the assessee is directed against the order dated 2.1.2015 passed by the learned CIT(A)-59, Mumbai and it relates to A.Y. 2011- 12.
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
2 M/s. Export Inspection Agency the assessee did not file any submission explaining the delay, the Assessing Officer levied penalty of ` 43,700/-. Before the learned CIT(A) also, the assessee did not appear and hence the learned CIT(A) passed an ex-parte order confirming the penalty levied by the Assessing Officer. Aggrieved, the assessee has filed this appeal before us.
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.
More judgments on Section 272A(2)(k)
- Maliwal Bherulal Jagnnath HUF, Jamnagar vs Income Tax Officer Ward 1(3), JamnagarITA 855/RJT/2026[2012-13]Status: Disposed21 Sept 2026AY 2012-13
- Colours Multimedia Private Limited, Delhi vs ITO, Ward 6(1), DelhiITA 6670/DEL/2025[2009-10]Status: Disposed5 Jun 2026AY 2009-10
- Kaushalya Infrastructure Development… vs I.T.O., Ward - 2(1), KolkataITA 180/KOL/2026[2015-2016]Status: Disposed13 Apr 2026AY 2015-2016
- Kaushalya Infrastructure Development… vs I.T.O., Ward - 2(1), TDS, KolkataITA 179/KOL/2026[2014-2015]Status: Disposed13 Apr 2026AY 2014-2015
- Kaushalya Infrastructure Development… vs I.T.O., Ward - 2(1), TDS, KolkataITA 178/KOL/2026[2013-2014]Status: Disposed13 Apr 2026AY 2013-2014
Recent GST High Court judgments
Search GST case law →- M/S Kalra Traders vs. Union Of INDIAUttarakhand · 26 Oct 2026
- Ms Isoft vs. The Commissioner State TaxUttarakhand · 26 Oct 2026
- M/S Sita Enterprises vs. Office Of The CommissionerUttarakhand · 26 Oct 2026
- Capri Global Capital LTD Through Represented By Its Law Officer Mr. Varun Kaljoria vs. The State Of Madhya Pradesh Through Principal SecretaryMadhya Pradesh · 26 Oct 2026
- Sri Tatiparthy Venkata Swamy vs. The State Of Andhra PradeshAndhra Pradesh · 25 Oct 2026