LAKE CITY SUPER SPECIALITY HEALTHCARE PVT. LTD.,THANE vs. ADDL. CIT (TDS), THANE
What did the Tribunal hold?
The Tribunal held that the assessee had a reasonable cause for the delay in filing TDS returns, considering the outsourcing and the fact that tax was deposited on time. Therefore, the penalty was not justified.
What were the facts?
The assessee filed quarterly TDS returns belatedly due to an outsourced agency failing to file them on time. The Assessing Officer levied a penalty, which was upheld by the CIT(A).
What were the issues?
Whether a penalty under Section 272(2A)(k) is leviable for belated filing of TDS returns when the assessee has a reasonable cause and has deposited the tax on time.
Which sections of the Income-tax Act were involved?
Section 272(2A)(k),Section 273B
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Cases cited in this judgment(3)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- (a) Royal Metal Printers (P) Ltd. v. Addl CIT11 citing37 SOT 139 · 2010 · ITAT
- Rajathan Tribal Area Development Co-operative Federation Ltd. v. ITO7 citing60 TTJ 427 · ITAT
- A) CIT v. ARK Corpn4 citing172 Taxmann 339 · 2008 · HC
Heard together (4 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Order u/s.254(1)of the Income-tax Act,1961(Act) Per Bench:खंडपीठ के अनुसार खंडपीठ के अनुसार खंडपीठ के अनुसार खंडपीठ के अनुसार Challenging the orders,dated 20/01/2016,of the CIT(A)-1,Thane,the assessee has filed the present appeals.The effective ground of appeal is about levy of penalty u/s.272(2A)(k)of the Act. While passing the penalty order,the Assessing Officer (AO) observed that the assessee had filed quarterly returns of Text Deducted at Source(TDS)belatedly.He issued notice u/s.272(2A)(k)/ 274 r.w.s.200 (3) of the Act to show cause as to why and order imposing penalty for late filing of quarterly TDS returns should not be passed. In its response to the show cause notice,the assessee stated that delay in filing the TDS-returns was caused due to outsourcing of the filing of returns, that it had asked an outside-agency to file the quarterly returns, that the outside agency did not file the returns in time.The assessee relied upon certain case-laws in its support. 2.After considering the submission of the assessee, the AO held that it had not furnished any evidence to show that it was prevented by sufficient cause for delay in filing the text directed at source statement. He levied a penalty of Rs. 1.26 lakhs u/s.272(2A)(k) of the Act.
2922-25/M/12;Lake City 3.Aggrieved by the penalty order of the AO,the assessee preferred an appeal before the First Appellate Authority(FAA).Before him,it made elaborate submissions about late filing of the TDS statements.After considering the assessment order and the submissions of the assessee,he held that the assessee had not filed the quarterly statements in time,that the numbers of days of default in respect of each quarter had been calculated by the AO, that nothing was brought on record by the assessee to show as to why the outside agency had filed the TDS-statements late, that it had engaged professionals for specific job,that there should not have been any delay in filing the statements,that no evidence was furnished to show that efforts were made to obtain PAN.s of the directors,that the assessee had failed to establish reasonable and sufficient cause for delay in filing the TDS statements.Finally,he upheld the order of the AO imposing penalty.
4.During the course of hearing before us,the Authorised Representative (AR) contended that the assessee had not made any default in deducting the tax on various payments made,that it had deposited tax with in time period in all the quarters for the year under appeal,that all the directors of the company were doctors by profession,that the work of filing statements was outsourced to an agency,that that assessee relied entirely on the agency for TDS job, that assessee had been regularly in filing its TDS-returns in other assessment years, that the delay was only procedural and the default was not deliberate or intentional, that the late filing of the returns was a technical breach,that AY.2009-10 was the first year of introduction of 26AS.She relied upon the cases of ARK Corporation (172 taxman 339) Royal Metal Printers (P.) Ltd. (37SOT139) Rajasthan Tribal Area Development Co-Operative Federation Ltd (60TTJ427).The Departmental Representative (DR) supported the order of the AO and the FAA.
5.We have heard the rival submissions and perused the material before us we find that the assessee had not made any default in depositing the tax directed at source within prescribed time period in all the months for the year under consideration except for the month of July, 2008. There was delay of six days in depositing the tax for that month.It is a fact that the only default committed by the assessee was not filing the statements of TDS in time.We find that the assessee had argued that it had hired an outside agency to carry out the job of filing statements of TDS and the agency did not file the returns in time.In our opinion,the explanation filed by the assessee can be considered as one of the possible cause for filing belated returns.It is also to be remember -ed that the company is run by doctors.Section 273 B
2922-25/M/12;Lake City
More judgments on Section 273B
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- Gurukul Shiksha Sanstha, Chandrapur vs ITO Ward - 3, Exemp, NagpurITA 549/NAG/2026[2015-16]Status: Disposed14 Oct 2026AY 2015-16
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- Harvinder Singh Sehgal, Manipur vs Central Circle-2, GuwahatiITA 374/GTY/2025[2021-22]Status: Disposed9 Oct 2026AY 2021-22
- Veera Mani Kumari Vattikooti, Hyderabad vs ITO, Ward -11(1), HyderabadITA 1218/HYD/2026[2016-17]Status: Disposed9 Oct 2026AY 2016-17
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