Income Tax Appellate Tribunal - Mumbai
Export Inspection Agency, Mumbai vs Ito (Tds) 2(3), on 13 April, 2017
IN THE INCOME TAX APPELLATE TRIBUNAL
"E" Bench, Mumbai
Before Shri B.R. Baskaran (AM)& Ramlal Negi (JM)
I.T.A. No. 1272/Mum/2015
(Assessment Year 2011-12)
M/s. Export Inspection Agency ACIT(TDS)
4 t h Floor Vs. Range-2
Aman Chambers Mumbai
113, M.K. Road
Opera House
Mumbai-400 004.
(Appellant) (Respondent)
PAN No.AAAJE0933G
Assessee by Ms. Devika S. Tendolkar
Department by Shri Aarsi Prasad
Date of Hearing 13.4.2017
Date of Pronouncement 13.4.2017
ORDER
Per B.R. Baskaran (AM) :-
The appeal filed by the assessee is directed against the order dated
2.1.2015 passed by the learned CIT(A)-59, Mumbai and it relates to A.Y. 2011-
12.
2. The assessee is aggrieved by the decision of the learned CIT(A) in confirming the penalty of ` 43,700/- levied by the Assessing Officer u/s. 272A(2)(k) of the I.T. Act.
3. The assessee's authorized representative, Shri Sunil Gujar has filed written submission before us. We have heard learned Departmental Representative and perused the record.
4. We noticed that the Assessing Officer issued show-cause notice for levying penalty u/s. 272A(2)(k) of the Act, as the assessee had filed quarterly TDS returns beyond the time limit prescribed u/s. 206/206C of the Act. Since 2 M / s . E x p o r t In s p e c ti o n Ag e n c y the assessee did not file any submission explaining the delay, the Assessing Officer levied penalty of ` 43,700/-. Before the learned CIT(A) also, the assessee did not appear and hence the learned CIT(A) passed an ex-parte order confirming the penalty levied by the Assessing Officer. Aggrieved, the assessee has filed this appeal before us.
5. As noticed earlier, learned AR of the assessee has filed a letter dated 5.4.2017, wherein he has explained the reasons for the delay. It can be noticed that the assessee is filing the explanations for the first time before the Tribunal, i.e., there was no occasion for the tax authorities to examine the explanations furnished by the assessee with regard to the delay in filing the TDS returns. Hence we are of the view that the above said explanations filed by the assessee need examination at the end of the Assessing Officer in accordance with law. Accordingly, we set aside the order passed by the learned CIT(A) and restore the issue to the file of the Assessing Officer with the direction to consider the issue afresh by duly considering the explanations furnished by the assessee. After providing adequate opportunity of being head to the assessee, the Assessing Officer may take appropriate decision in accordance with law.
6. In the result, appeal filed by the assessee is allowed for the statistical purposes.
Order has been pronounced in the Court on 13.4.2017.
Sd/- Sd/-
(RAMLAL NEGI) (B.R.BASKARAN)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Mumbai; Dated : 13/4/2017
Copy of the Order forwarded to :
1. The Appellant
2. The Respondent
3. The CIT(A)
4. CIT
5. DR, ITAT, Mumbai
6. Guard File.
3
M / s . E x p o r t In s p e c ti o n Ag e n c y
BY ORDER,
//True Copy//
(Dy./Asstt. Registrar)
PS ITAT, Mumbai