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

ITA 467/CHANDI/2012

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 5392 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 8 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-01-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 16-01-2014
• Assessment Year: 2008-2009
• Appeal Filed On: 27-04-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMARVEER SINGH
• Keywords: Condonation of delay
• Section: 27

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL CHANDIGARH BENCH B, CHANDIGARH BEFORE SHRI T.R.SOOD, ACCOUNTANT MEMBER AND MS. SUSHMA CHOWLA, JUDICIAL MEMBER ITA NO.467 /CHD/2012 (ASSESSMENT YEAR : 2008-09) PUNJAB NATIONAL BANK, VS. THE INCOME TAX OFFIC ER(TDS), CASTLE LINES BRANCH, PANCHKULA. AMBALA CANTT. PAN: RTKP02633B (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI AMARVEER SINGH, DR DATE OF HEARING : 16.01.2014 DATE OF PRONOUNCEMENT : 20.01.2014 O R D E R PER SUSHMA CHOWLA, J.M. : THE APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORD ER OF THE COMMISSIONER OF INCOME-TAX (APPEALS), PANCHKULA DAT ED 14.12.2011 RELATING TO ASSESSMENT YEAR 2008-09 AGAINST THE PEN ALTY LEVIED U/S 272B OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2. THE ONLY GROUND OF APPEAL RAISED BY THE ASSESSE E READS AS UNDER: 1. THAT THE LD. COMMISSIONER OF INCOME TAX APPEAL S HAS ERRED IN LAW AND FACTS OF THE CASE WHILE REDUCING THE PENALTY FROM RS.6,80,000/- TO RS.6,70,000/- INSTEAD OFF GIVING TOTAL RELIEF TO THE ASSESSEE. THE RELIEF IS REQUIRED FOR REMAINING PENALTY OF RS.10000/-. 3. THE PRESENT APPEAL IS FILED AFTER DELAY OF 74 DA YS. THE APPEAL WAS FIXED FOR HEARING ON 13.9.2012 ON WHICH DATE ONE SH RI H.K.JINDAL APPEARED ON BEHALF OF THE ASSESSEE. THE LEARNED CO UNSEL FOR THE ASSESSEE WAS DIRECTED TO REMOVE THE DEFECTS I.E. THE APPEAL BEING FILED AFTER DELAY OF 74 DAYS. THEREAFTER THE APPEAL WAS LISTED FOR H EARING ON VARIOUS DATES 2 FOR WHICH NOTICES WERE SENT TO THE ASSESSEE I.E. ON 16.2.2013, 13.5.2013, 31.7.2013 AND 31.10.2013 ON WHICH DATES THE BENCH D ID NOT FUNCTION. THE APPEAL WAS FINALLY LISTED FOR HEARING ON 16.1.2 014 ON WHICH DATE NONE APPEARED ON BEHALF OF THE ASSESSEE, NOR ANY AP PLICATION WAS MOVED FOR ADJOURNMENT OF THE APPEAL. THE PERUSAL OF THE RECORD REFLECTS THAT THE ASSESSEE HAD FAILED TO REMOVE THE DEFECTS I.E. NO APPLICATION WAS FILED BY THE ASSESSEE FOR CONDONATION OF DELAY OF 74 DAYS IN FILING THE PRESENT APPEAL. IN THE TOTALITY OF THE FACTS AND C IRCUMSTANCES OF THE CASE, THE PRESENT APPEAL FILED BY THE ASSESSEE MERI TS TO BE DISMISSED IN LIMINE. 4. IN THE FACTS OF THE CASE ALSO THE ASSESSEE HAD F ILED E-TDS QUARTERLY STATEMENT OF DEDUCTION OF TAX IN FORM NO.26Q FOR TH E FINANCIAL YEAR 2007-08. THE ASSESSING OFFICER NOTED THAT OUT OF 1 34 TAX DEDUCTORS, PERMANENT ACCOUNT NUMBERS IN RESPECT OF 68 DEDUCTEE S WERE INVALID. THE ASSESSEE FAILED TO FILE ANY CORRECTION STATEMEN T AND CONSEQUENTLY PENALTY UNDER SECTION 272B OF THE ACT WAS IMPOSED A T RS.6,80,000/-. 5. BEFORE THE CIT (APPEALS) THE ASSESSEE FAILED TO FURNISH ANY CORRECTION STATEMENT. HOWEVER, THE CIT (APPEALS) H AD REDUCED THE PENALTY TO RS.10,000/- TO BE LEVIED UNDER SECTION 2 72B OF THE ACT. 6. WE HAVE HEARD THE RIVAL CONTENTIONS AND PERUSED THE RECORD. IN THE FACTS OF THE PRESENT CASE THE ASSESSEE HAD DEFAULTE D IN NOT FURNISHING THE PAN NUMBERS OF 68 OF THE TAX DEDUCTEES IN E-TDS QUA RTERLY STATEMENT OF TAX DEDUCTION FILED BY THE ASSESSEE FOR THE FINANCI AL YEAR 2007-08 ON 19.9.2007. THE ASSESSEE NEITHER DURING THE COURSE OF ASSESSMENT PROCEEDINGS NOR THE APPELLATE PROCEEDINGS HAD FURNI SHED CORRECTION STATEMENT AND CONSEQUENTLY PENALTY UNDER SECTION 27 2B OF THE ACT WAS LEVIED AT RS.10,000/- FOR THE SAID DEFAULT. HENCE THERE IS NO MERIT IN 3 THE PLEA OF THE ASSESSEE THAT IT HAD COMPLIED WITH THE PROVISIONS TO THE EXTENT IT WAS POSSIBLE AT ITS END. THE PROVISIONS OF SECTION 272B(1) OF THE ACT PROVIDE THAT IF A PERSON FAILED TO COMPLY WITH THE PROVISION OF SECTION 139A, THE ASSESSING OFFICER MAY DIRECT THAT SUCH PERSON SHALL PAY, BY WAY OF PENALTY A SUM OF RS.10,000/- . IN VIEW OF THE ABOVE SAID PROVISIONS OF THE ACT WE ARE IN AGREEMENT WITH THE ORDER OF THE CIT (APPEALS) IN LEVYING PENALTY OF RS.10,000/- UNDER S ECTION 272B OF THE ACT. THUS GROUND OF APPEAL RAISED BY THE ASSESSEE IS DISMISSED, BOTH IN LI0MINE AND ON MERITS OF THE ISSUES. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 20 TH DAY OF JANUARY, 2014. SD/- SD/- (T.R.SOOD) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED 20 TH JANUARY, 2014 *RATI* COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT(A)/TH E CIT/THE DR. ASSISTANT REGISTRAR, ITAT, CHANDIGARH