THE BHATIA GENERAL HOSPITAL,MUMBAI vs. ADDL CIT (TDS) RG 3, MUMBAI

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ITA 5587/MUM/2014Status: DisposedITAT Mumbai23 September 2016AY 2011-123 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the penalty under Section 272A(2)(k) should not be levied. This was based on the assessee's reasons for delay, the fact that similar proceedings for earlier years were dropped, and that the assessee was not a habitual defaulter.

What were the facts?

The assessee, a trust running a hospital, failed to file quarterly TDS statements for AY 2011-12 within the stipulated period. The AO levied penalties for this delay, which were confirmed by the CIT(A).

What were the issues?

Whether the penalty for delayed filing of TDS statements is justified when reasonable cause is shown and there is a history of similar defaults being dropped.

Which sections of the Income-tax Act were involved?

Section 272A(2)(k)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, MUMBAI

Before: SHRI D. KARUNAKARA RAO & SHRI RAVISH SOOD

For Appellant: Shri R.V. Shah
For Respondent: Shri N.P. Singh, CIT - DR
Hearing: 08.09.2016Pronounced: 23.09.2016

सुनवाई की तायीख / Date of Hearing : 08.09.2016 घोषणा की तायीख /Date of Pronouncement : 23.09.2016 आदेश / O R D E R

PER D. KARUNAKARA RAO, AM:

1.

This appeal filed by the assessee on 4.9.2014 is against the order of the CIT (A)-14, Mumbai dated 25.6.2014 for the assessment year 2011-2012.

2.

In this appeal, assessee raised nine grounds in toto. The only issue that emanates from all the grounds relates to the levy of penalty u/s 272A(2)(k) of the Act. Briefly stated relevant facts in this regard are that assessee is a Trust running hospital for philanthropic purposes. During the scrutiny proceedings, AO noticed that the assessee has not filed the quarterly TDS statements for the AY 2011-12 within stipulated period and specified forms. Considering the same, AO levied the penalty for the default of filing of TDS return in Form No.24Q and Form No.26Q. The said returns were filed belatedly to the TDS authorities. The details of delay are given in para 3.1 of the CIT (A)‟s order. AO levied the penalty of Rs. 54,100/- for default relating to the salary return and levied penalty of Rs. 18,100/- in respect of the statement relating to other than the salaries. Assessee submitted that the lack of proper manpower, infrastructure and the high cost in employing the accounting personnel are the reasons for the said delay. AO and the CIT (A) rejected the same and the penalty is confirmed.

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