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[2009] 184 Taxman 379 (Punjab & Haryana)/[2010] 320 ITR 494 (Punjab & Haryana) [2009] 184 TAXMAN 379 (PUNJ. & HAR.) HIGH COURT OF PUNJAB AND HARYANA Commissioner of Income-tax (TDS), Chandigarh v. Executive Engineer* ADARSH KUMAR GOEL AND DAYA CHAUDHARY, JJ. IT APPEAL NO. 425 OF 2009 (O&M)â-  AUGUST 19, 2009 Section 272A of the Income-tax Act, 1961 - Penalty - For failure to answer question, sign statements, etc. - Assessment year 2004-05 - Assessee, a department of Haryana Government, committed default in issuing TDS certificates under section 203 - Assessing Officer initiated penalty proceedings and levied penalty under section 272A(2)(g) - Assessee contended that it was under bona fide belief that TDS certificates were to be issued and submitted with annual return, and for that reason there was delay and, therefore, no loss was caused to revenue as deduction of tax had already taken place - Assessing Officer did not accept said plea - On appeal, Commissioner (Appeals) accepted explanation of assessee and deleted penalty, which order was affirmed by Tribunal - Whether since basis for imposing penalty was a mere technical violation, lower authorities were justified in deleting said penalty - Held, yes Yogesh Putney for the Appellant. ORDER 1. The revenue has preferred this appeal under section 260A of the Income-tax Act, 1961 ('the Act') against the order dated 22-12-2008 of Income-tax Appellate Tribunal, Delhi Bench 'B' passed in ITA No. 509/Del./2008 for the assessment year 2004-05, proposing to raise following substantial questions of law :- "(i)Whether the ld. Income-tax Appellate Tribunal is justified in deleting the penalty under section 272A(2)(g) on the ground that there is no loss of revenue and the fault committed by the assessee is only of Technical and Venial in the nature? (ii)Whether on the facts and circumstances of the case, the ld. Income-tax Appellate Tribunal is right in law in deleting the penalty ignoring the…

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