KATARIA TRANSPORT CO. LTD. Vs. ITO

JUDGEMENT

(1.) IN response to notice for final disposal issued by us, learned counsel, Mrs. Mauna Bhatt has appeared for the revenue. This is an appeal filed by the assessee against the judgment of the Income Tax Appellate Tribunal dated 25 -11 -2011 raising following questions for our consideration:

(2.) ISSUE pertains to penalty of Rs. 3.10 lacs (rounded off) imposed by the Assessing Officer against the appellant under section 272A(2)(k) of the Income -tax Act, 1961.

(3.) ASSESSEE filed appeal before the Commissioner (Appeals). Before the Commissioner (Appeals), certain documents in the nature of details of the parties and agencies, to whom the payments were made along with details where PAN numbers were available or not; were produced. On the basis of such documents, the assessee raised the ground that there was a reasonable cause for not filing the quarterly statements in time. Such reason was that as per the departmental instructions, the assessee had to submit details with at least 80% of the PAN details. The assessee was operating in transport industry where most of the truck drivers and owners were not educated. They had not provided their PAN details, due to which, filing of declaration had been delayed. Such details were filed regularly since assessment year 2008 -09 and onwards. In that context, the assessee submitted as under: