ITO (TDS), Panchkula V. Punjab National Bank, Ambala

ITA 438/CHANDI/2012

• Counselvise Citation: 43821514 RSA 2012
• Duration Of Justice: 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 29-08-2012
• Assessment Year: 2008-2009
• Appeal Filed On: 17-04-2012
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANURAG GOEL
• Assessee Lawyers: AKHILESH GUPTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH B, CHANDIGARH BEFORE MS. SUSHMA CHOWLA, JUDICIAL MEMBER AND SHRI MEHAR SINGH, ACCOUNTANT MEMBER ITA NO.438/CHD/2012 (ASSESSMENT YEAR : 2008-09) THE INCOME TAX OFFICER (TDS), VS. PUNJAB NATIONAL BANK, AAYAKAR BHAWAN, NARAINGARH. SECTOR 2, PANCHKULA. PAN: RTKP02780B AND ITA NOS.439 & 440/CHD/2012 (ASSESSMENT YEARS : 2006-07 & 2008-09) THE INCOME TAX OFFICER (TDS), VS. PUNJAB NATIONAL BANK, AAYAKAR BHAWAN, MODEL TOWN. SECTOR 2, PANCHKULA. AMBALA CITY. PAN: RTKP02859D (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ANURAG GOEL RESPONDENT BY : SHRI AKHILESH GUPTA, DR DATE OF HEARING : 29.08.2012 DATE OF PRONOUNCEMENT : 30.08.2012 O R D E R PER SUSHMA CHOW LA, J.M, : OUT OF THESE THREE APPEALS, ONE APPEAL IS FILED BY THE PUNJAB NATIONAL BANK, NARAINGARH, DISTRICT AMBALA AGAINST THE ORDER OF CIT (APPEALS) DATED 1.3.2012 RELATING TO ASSESSMENT YEA R 2008-09 AND TWO APPEALS ARE FILED BY THE PUNJAB NATIONAL BANK, MODE L TOWN, AMBALA CITY AGAINST THE CONSOLIDATED ORDER OF CIT (APPEALS ) DATED 1.3.2012 RELATING TO ASSESSMENT YEARS 2006-07 AND 2008-09 AG AINST THE PENALTY LEVIED UNDER SECTION 272B OF THE INCOME TAX ACT, 19 61 (IN SHORT THE ACT). 2 2. THE REVENUE HAS RAISED SEVERAL GROUNDS OF APPEAL BUT THE CORE ISSUE RAISED IN THE PRESENT APPEAL IS VIDE GROUND N O.1 AND THE BALANCE GROUNDS OF APPEAL RAISED BY THE REVENUE ARE ARGUMEN TATIVE IN NATURE. WE PROCEED TO DISPOSE OFF GROUND NO.1 RAISED BY THE REVENUE IN ALL THE THREE APPEALS, WHICH READS AS UNDER: 1. ON THE FACTS AND IN CIRCUMSTANCES OF THE CASE, LD. COMMISSIONER OF INCOME TAX (APPEALS) HAS ERRED IN L AW IN DELETING THE PENALTY LEVIED U/S 272B OF THE INCO ME TAX ACT, 1961 AMOUNTING TO RS.4,00,000/-(RS.9,70,00 0/- IN ITANO.439/CHD/2012& RS.11,10,000/- IN ITA NO.440/CHD/2012) FOR NON QUOTING/WRONG QUOTING OF PANS IN 97 CASES IN THE TDS RETURNS 26Q FOR THE A.Y . 2006-07. 3. THE ISSUES RAISED IN THE PRESENT APPEALS ARE IDE NTICAL AND HENCE THE SAME ARE BEING DISPOSED OFF BY THIS CONSOLIDATED OR DER FOR THE SAKE OF CONVENIENCE. 4. THE ONLY ISSUE ARISING IN THE PRESENT APPEAL IS IN RELATION TO THE PENALTY LEVIED UNDER SECTION 272B OF THE ACT FOR NO N QUOTING/WRONG QUOTING OF THE PAN NUMBER IN THE TDS RETURNS FILED IN FORM NO.26Q FOR THE ASSESSMENT YEARS 2006-07 AND 2008-09. 5. THE ASSESSING OFFICER LEVIED PENALTY UNDER SECTI ON 272B OF THE ACT AT RS.4 LACS FOR NON QUOTING OF 40 PAN NUMBERS IN T HE CASE OF PUNJAB NATIONAL BANK, NARAINGARH, AMBALA RELATING TO ASSES SMENT YEAR 2008-09; RS.9,70,000/- AND RS.11,10,000/- IN THE CASE OF PUN JAB NATIONAL BANK, MODEL TOWN, AMBALA CITY FOR NON QUOTING/WRONG QUOTI NG OF 97/111 PAN NUMBERS IN TDS RETURNS IN FORM NO.26Q RELATING TO A SSESSMENT YEARS 2006-07 AND 2008-09 RESPECTIVELY. THE CIT (APPEALS ) VIDE PARA 5.1 IN THE RESPECTIVE ORDERS HAS GIVEN A FINDING THAT THE ASSESSEE HAD DEDUCTED TDS CORRECTLY AND REVISED THE PAN NOS. AND ALSO FIL ED REVISED STATEMENT 3 IN FORM NO.26Q. THE ASSESSEE WAS FOUND TO HAVE MAD E SUFFICIENT COMPLIANCE TO THE PROVISIONS OF SECTION 139A OF THE ACT AND CONSEQUENTLY THE PENALTIES LEVIED BY THE ASSESSING OFFICER WERE DELETED BY THE CIT (APPEALS). THE ABOVE SAID FINDINGS OF T HE CIT (APPEALS) ARE NOT CONTROVERTED BY THE LEARNED D.R. FOR THE REVENU E. 6. WE FIND MERIT IN THE ORDER OF THE CIT (APPEALS) IN DELETING THE SAID PENALTIES LEVIED UNDER SECTION 272B OF THE ACT IN VIEW OF THE ASSESSEE HAVING PROVIDED COMPLETE INFORMATION IN RE SPECT OF THE PAN NUMBERS AND ALSO HAVING FILED REVISED STATEMENT IN FORM NO.26Q. WE FIND THAT SIMILAR ISSUE AROSE BEFORE THE TRIBUNAL I N THE CASE OF INDIAN BANK VS. INCOME TAX OFFICER (TDS) IN ITA NO.523/CHD /2012 AND THE TRIBUNAL VIDE ORDER DATED 6.7.2012 DELETED THE PENA LTY LEVIED UNDER SECTION 272B OF THE ACT. UPHOLDING THE ORDER OF TH E CIT (APPEALS) WE DISMISS GROUNDS OF APPEAL RAISED BY THE REVENUE. 7. IN THE RESULT, ALL THE THREE APPEALS FILED BY TH E REVENUE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH DAY OF AUGUST, 2012. SD/- SD/- (MEHAR SINGH) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 30 TH AUGUST, 2012 *RATI* COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT(A)/TH E CIT/THE DR. ASSISTANT REGISTRAR, ITAT, CHANDIGARH 4