M/s Advanced Micro Devices Pvt. Ltd., Ambala Cantt. V. ITO (TDS), Panchkula

ITA 490/CHANDI/2012

• Counselvise Citation: 49021514 RSA 2012
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2012
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Next Hearing Date: 21-11-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 03-05-2012
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: AKHILESH GUPTA
• Assessee Lawyers: ASHOK GOYAL

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. 490/CHD/2012 (ASSESSMENT YEAR : 2006-07) ADVANCED MICRO DEVICES PVT. LTD., VS. THE INCOME TAX OFFICER(TDS), 21, IND. AREA, PANCHKULA. AMBALA CANTT. PAN: AABCA0652J (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI ASHOK GOYAL RESPONDENT BY : SHRI AKHILESH GUPTA, DR DATE OF HEARING : 21.11.2012 DATE OF PRONOUNCEMENT : 26.11.2012 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), ROHTAK DATED 16.3.2012 RELATING TO ASSESSMENT YEAR 2006-07 AGAINST THE PENALTY LEVI ED U/S 272B OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). 2. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL: 1. THE LEARNED COMMISSIONER OF INCOME TAX (APPEAL), ROHTAK HAS ERRED IN LAW AND FACTS IN CONFIRMING THE ORDER OF ITO PANCHKULA ON LEVYING PENALTY U/S 272B FOR DEFAULT U/S 139A(5B) ON THE DEDUCTOR WHEREAS THE SAME IS APPLICABLE ON DEDUCTEE FOR DEFAULT U/S 139A(5A). 2. NOTWITHSTANDING THE ABOVE GROUNDS OF APPEAL, THAT THE LEARNED COMMISSIONER OF INCOME TAX (APPEAL), ROHTAK HAS ERRED IN LAW AND FACTS IN CONFIRMING THE ORDER OF ITO PANCHKULA BY IMPOSING PENALTY OF RS.60000/- INSTEAD OF 2 RS.10000/- AS PRESCRIBED U/S 272B OF THE INCOME TAX ACT, 1961. 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESSE E IN THE E-TDS QUARTERLY STATEMENT OF DEDUCTION OF TAX IN FORM NO. 24Q RELATING TO FINANCIAL YEAR 2005-06 FILED ON 27.8.2005 HAD DEFAU LTED IN QUOTING PAN NUMBERS OF SIX DEDUCTEES. THE PAN NUMBERS QUOTED B Y THE ASSESSEE WERE FOUND TO BE INVALID AND NO CORRECTION STATEMEN T WAS FILED BY THE ASSESSEE IN THIS REGARD. THE ASSESSING OFFICER HEL D THE ASSESSEE TO BE LIABLE TO PENALTY UNDER SECTION 272B OF THE ACT AND IMPOSED PENALTY OF RS.60,000/-. THE CIT (APPEALS) UPHELD THE SAME. 4. THE ASSESSEE IS IN APPEAL AGAINST THE SAID ORDER OF THE CIT (APPEALS). 5. THE ISSUE RAISED IN THE PRESENT APPEAL IS IN REL ATION TO LEVY OF PENALTY UNDER SECTION 272B OF THE ACT FOR THE DEFAU LT IN QUOTING OF PAN NUMBERS OF THE DEDUCTEES IN THE E-TDS QUARTERLY STA TEMENT FILED IN FORM NO.24Q BY THE ASSESSEE. THE ASSESSEE IN THE SAID F ORM NO.24Q RELATING TO FINANCIAL YEAR 2005-06 HAD WRONGLY QUOTED THE PA N NUMBERS IN RESPECT OF SIX DEDUCTEES. THE ASSESSEE HAD NOT FIL ED THE CORRECTION STATEMENT BEFORE THE ASSESSING OFFICER OR BEFORE PASSING OF THE ORDER OF THE CIT (APPEALS) ALSO. IN VIEW THEREOF THE ASSESS ING OFFICER LEVIED PENALTY OF RS.60,000/-, WHICH WAS CONFIRMED BY THE CIT (APPEALS). THE PROVISIONS OF SECTION 272B(1) OF THE ACT PROVIDE TH AT IF A PERSON FAILED TO COMPLY WITH THE PROVISION OF SECTION 139A , THE ASSESSING OFFICER MAY DIRECT THAT SUCH PERSON SHALL PAY, BY W AY OF PENALTY A SUM OF RS.10,000/- . IN VIEW OF THE ABOVE SAID PROVISIONS OF THE ACT WE RESTRICT LEVY OF PENALTY UNDER SECTION 272B OF T HE ACT AT RS.10,000/-. THUS THE FIRST GROUND OF APPEAL RAISE D BY THE ASSESSEE IS 3 DISMISSED AND THE ALTERNATE PLEA RAISED BY WAY OF G ROUND NO.2 IS ALLOWED. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PAR TLY ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH DAY OF NOVEMBER, 2012. SD/- SD/- (MEHAR SINGH) (SUSHMA CHOWLA) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 26 TH NOVEMBER, 2012 *RATI* COPY TO: THE APPELLANT/THE RESPONDENT/THE CIT(A)/TH E CIT/THE DR. ASSISTANT REGISTRAR, ITAT, CHANDIGARH