Show cause notice for penalty for late tds return ?

CA Abhishek Singh (practice) (2106 Points)

29 October 2012  

Hello everyone,

one of my client is a co-op housing society. it has filed belated TDS returns for fy 10-11 & 11-12.

total Tax deducted is Rs.5000/- which has been paid along with interest.

show cause notice is received by the assessee regarding why penalty should not be levied rs.100 per day of default subject to max tds rs.5000/-

reason for late filing is that secretary chairman were not aware about the due date and consultant also not advised them properly.

my question : Can penalty be waived off by the commissioner on the above ground ??