Mmj Exports Pvt. Ltd., Kolkata vs. JCIT, RG-58(TDS), Kolkata
In the result, the appeal of the assessee is allowed
ITA 666/KOL/2014[2010-2011]Status: DisposedITAT Kolkata10 Mar 2017AY 2010-2011
Bench: Shri M. Balaganesh, Am & Shri S. S. Viswanethra Ravi, Jm]
For Appellant: Shri Manoj Kr. Tiwari, ARFor Respondent: Shri Saurabh Kumar, Addl. CIT
Section 272A(2)(k)Section 273B
…the assessee to submit quarterly statements of deduction of tax under section 200(3) within the time prescribed. Such delay had not caused any loss to the Revenue. The Tribunal, Jaipur Bench, in Rajasthan Tribal Area Developmetn Co-Op. Federation Ltd v/s ITO, 60 TTJ 427 (Jai.) held that for mere failure to furnish TDS returns, penalty was not justified as there was no default in deducting tax at source or in deposing the tax in government treasury. The Tribunal, Mumbai Bench, in Royal Metal Printers Pvt Ltd, v/s ITO, [2010] 37 SOT 139 (Mum.) , had categorically stated that the delay in filing the TDS returns even…