THE NEW GREAT EASTERN SPINNING & WEAVING CO LTD,MUMBAI vs. ADDL CIT (TDS) RG 3, MUMBAI
What did the Tribunal hold?
The Tribunal held that for AY 2007-08, ignorance of the new electronic TDS filing procedure constituted a reasonable cause for the delay, thus setting aside the penalty. For AY 2008-09 and 2009-10, the assessee's explanations were not considered sufficient to establish a reasonable cause.
What were the facts?
The assessee, a sick industrial undertaking, belatedly filed quarterly TDS statements for AY 2007-08 to 2009-10. The assessee cited being a sick unit with limited functioning and lack of proper staff, and later, ignorance of the new electronic filing procedure for TDS returns.
What were the issues?
Whether belated filing of TDS statements due to ignorance of a new electronic procedure constitutes a reasonable cause for waiver of penalty under Section 273B.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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
- 118 Taxmann 7603 citing118 Taxmann 760
- 65 Taxmann.com 2543 citing65 Taxmann.com 254
Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SHRI B.R. BASKARAN (AM) & SHRI AMIT SHUKLA (JM)
PER BENCH:- All the three appeals filed by the assessee are directed against the orders passed by Ld CIT(A)-14, Mumbai for assessment years 2007-08 to 2009-10 confirming the penalty levied u/s 272A of the Act.
In all these years, the assessee has belatedly filed quarterly TDS statements that are required to be filed in Form No.24Q (relating to Salary) and Form No.26Q (relating to interest). Before the AO, the assessee submitted that it is a sick industrial undertaking covered under BIFR scheme and only part of its factory is functioning. It was 2 The New Great Eastern Spinning & Weaving Co. Ltd. 2510 & 2511/Mum/2012 further submitted that it did not have proper staff to comply with the income tax provisions. However, the assessing officer was not satisfied with the said explanations and accordingly imposed penalty u/s 272A of the Act for the belated filing of the above said returns in all the three years under consideration.
The Ld CIT(A) noticed that the assessee has defaulted in paying the TDS amount in time and also failed to pay interest due on belated payment of Tax deducted at source. Accordingly he held that the explanations furnished by the assessee for belated filing of TDS returns are not convincing and accordingly confirmed the penalty levied u/s 272A of the Act in all the three years. Aggrieved, the assessee has filed these appeals before us.
The Ld A.R reiterated the submissions made before the tax authorities and further submitted that the new procedure of filing TDS returns on quarterly basis through electronic filing was introduced from AY 2007-08 onwards and the employees of the assessee were not aware of the new procedure. He further relied upon following decisions rendered by the ITAT/HC to contend that the Tribunal/HC has deleted the penalty under identical set of facts:-
(a) Royal Metal Printers (P) Ltd Vs. Addl CIT (37 SOT 139)(Mum) (b) ACIT Vs. Lok Prakashan Limited (ITA No.2815/Ahd/2009 dated 08-01-2010)
(c) Jaihind Projects Ltd Vs. Addl. CIT (2016) (65 taxmann.com 254)(Ahd.)
3 The New Great Eastern Spinning & Weaving Co. Ltd. 2510 & 2511/Mum/2012 (d) CIT Vs. Harsiddh Construction (P) Ltd (2001)(118 Taxman 760)(Guj).
On the contrary, the Ld D.R submitted that the explanations of the assessee about the new procedure for filing the TDS returns may be applicable to the AY 2007-08 only and the same cannot be extended to other years.
We heard the parties and perused the record. The admitted facts are that the assessee is a sick industrial undertaking covered by BIFR scheme and it was functioning partially. It is also submitted that the employees are not conversant with the new procedure. We also notice that the provisions of sec. 273B provide that the penalty u/s 272A is not imposable if there was a reasonable cause for the failure to filing the TDS returns within the prescribed time.
Now the question that arises is as to whether the explanations furnished by the assessee can be considered as a reasonable cause or not. We notice that the procedure for filing TDS returns on quarterly basis came to be introduced from AY 2007-08 onwards and further they had to be filed electronically. Under these set of facts, various benches of Tribunal has taken the view that the ignorance of new procedure and complexities involved therein would amount to reasonable cause within the meaning of the provisions of sec. 273B of the Act. Accordingly, we are of the view that there was a reasonable cause for the assessee in not filing the returns of TDS in AY 2007-08 within the prescribed time. Accordingly we set aside the order passed by the Ld CIT(A) for AY 2007-08 and direct the AO to delete the penalty imposed u/s 272A of the Act for that assessment year.
4 The New Great Eastern Spinning & Weaving Co. Ltd. 2510 & 2511/Mum/2012
In respect of the other two years, we find merit in the contentions of Ld D.R that the said explanations of the assessee cannot be extended to those years, since the assessee has become aware of the new procedure and its liability thereon. We notice that the assessee has not given any other explanations for filing the TDS returns belatedly in AY 2008-09 and 2009-10. Accordingly, we are of the view that the assessee has failed to show that there was a reasonable cause in filing the returns of TDS in the above said two years. Accordingly, we are of the view that the Ld CIT(A) was justified in confirming the penalty levied u/s 272A of the Act for AY 2008-09 and 2009-10.
In the result, the appeal filed by the assessee for AY 2007-08 is allowed and other two appeals are dismissed.
Pronounced accordingly on 2nd May, 2016.
More judgments on Section 272A
- Suyash Dhondu Paste, Ratnagiri vs Income Tax Officer, TDS, KolhapurITA 2669/PUN/2026[2015-16]Status: Disposed28 Sept 2026AY 2015-16
- Suyash Dhondu Paste, Ratnagiri vs Income Tax Officer, TDS, KolhapurITA 2668/PUN/2026[2015-16]Status: Disposed28 Sept 2026AY 2015-16
- Suyash Dhondu Paste, Ratnagiri vs Income Tax Officer, TDS, KolhapurITA 2667/PUN/2026[2015-16]Status: Disposed28 Sept 2026AY 2015-16
- Suyash Dhondu Paste, Ratnagiri vs Income Tax Officer, TDS, KolhapurITA 2666/PUN/2026[2014-15]Status: Disposed28 Sept 2026AY 2014-15
- Suyash Dhondu Paste, Ratnagiri vs Income Tax Officer, TDS, KolhapurITA 2665/PUN/2026[2014-15]Status: Disposed28 Sept 2026AY 2014-15
Recent GST High Court judgments
Search GST case law →- Ganesh Trimbak Saraf And Another vs. The State Of Maharashtra And AnotherBombay · 26 Oct 2026
- M/S. Vajram Infra Material Industries vs. The State Of Andhra PradeshAndhra Pradesh · 26 Oct 2026
- Tyre Center vs. The Superintendent Of CGSTAndhra Pradesh · 26 Oct 2026
- M/S Monolith Resorts Private Limited vs. The CommissionerUttarakhand · 26 Oct 2026
- Sutlej Textiles And Industries Limited vs. Union Of INDIARajasthan · 26 Oct 2026