HMT LTD. Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) ASSESSEE has filed this appeal under s. 260A of the IT Act, 1961 (for short the 'Act'), against the order of the ITAT, levy of penalty under s. 272A(2)(g) of the Act.

(2.) THAT the delay in issuing the Form No. 16A was due to the reason that the HMT, Pinjore, is branch of HMT Ltd., a Government of India undertaking, which is a big organisation having about 5,000 employees and has to submit the branch audited accounts in time to the head office for compilation of annual accounts of HMT Ltd. and for further submission to the Government of India well in time. Due to this reason most of the staff remain busy in the job of officials.

(3.) THAT there is no mala fide and intentional delay on the part of disbursing officials and the organisation; concerned officials do not draw any benefit by making such delays.