M/S. State Bank of Hyderabad, Nanded vs. Joint Commissioner of Income-Tax, TDS Range, Nashik
In the result, the appeal filed by the assessee stands allowed
ITA 2974/PUN/2017[2011-12]Status: DisposedITAT Pune16 Jun 2022AY 2011-12
Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita No.2974/Pun/2017 िनधा"रण वष" / Assessment Year: 2011-12 M/S. State Bank Of Vs. Joint Cit, Tds Range, Hyderabad, Nashik. At Shrinagar, Nanded- 431602. Tan : Nskso8336G Appellant Respondent Assessee By : None Revenue By : Shri M. G. Jasnani Date Of Hearing : 21.03.2022 Date Of Pronouncement : 16.06.2022 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld. Commissioner Of Income Tax (Appeals)- 1, Aurangabad Dated 23.10.2017 For The Assessment Year 2011-12. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. Honorable Commissioner Of Income Tax (Appeals) Has Erred In Confirming The Penalty Of Rs.2,11,100/- U/S 272(A)2(K) Of The I.T. Act, 1961. Penalty May Please Be Cancelled. 2. Appellant Prays For Just & Equitable Relief. 3. Appellant Prays To Add, Alter, Amend And/Or Withdraw The Ground/S During The Proceedings.”
For Appellant: NoneFor Respondent: Shri M. G. Jasnani
Section 200(3)Section 272Section 272A(2)(k)Section 273B
…fice (RPO), which is constituted and operated by NSDL. This is only mere technical breach of law and, therefore, no penalty can be levied on placing reliance on the decision of the Hon'ble Supreme Court in the case of Hindustan Steel Ltd. vs. State of Orissa, 83 ITR 26 (SC) and the decision of the Co-ordinate Bench of the Tribunal in the case of Shah Traders vs. OQT, 56 ITD 33. 10. However, the ld. CIT(A) confirmed the levy of penalty by holding that the appellant had failed to establish that there was a reasonable cause for failure to submit the quarterly statements of TDS within prescribed time placing reliance…
