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| The Tax Publishers2020 TaxPub(DT) 5201 (All-Trib) INCOME TAX ACT, 1961
Section 272A(2)(k)
Once assessee had stated on affidavit and given an undertaking specifically stating therein that assessee was not required to file TDS Statement Form 26Q and this fact stood accepted by AO while passing an order under section 154 levy of penalty by AO for such non-existing default was invalid.
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Penalty under section 272A(2)(k) - Alleged delay in filing of TDS statements - Assessee had stated on affidavit that he was not required to file TDS Statement Form 26Q -
AO initiated penalty proceedings under section 272A(2)(k) for alleged default in delivering statement of TDS in Form 26Q within time specified in section 200(3) read with proviso to section 206(3). Assessee challenged this on the ground that there was no such obligation on assessee to deduct TDS or submit Form 26Q.Held: Once assessee had stated on affidavit and given an undertaking specifically stating therein that assessee was not required to file TDS Statement Form 26Q and this fact stood accepted by AO while passing an order under section 154 levy of penalty by AO for such non-existing default was invalid.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2008-09 to 2011-12
IN THE ITAT, ALLAHABAD BENCH
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