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| The Tax Publishers2020 TaxPub(DT) 0422 (Mum-Trib) INCOME TAX ACT, 1961
Section 234E Section 200A
Provisions of levy of late filing fees under section 234E as introduced with effect from 1-7-2012 could not be read in isolation and were required to be read with mechanism and mode provided for its enforcement which was governed by section 200A. The amendment in section 200A(1) dealing with levy and computation of late fees was introduced only with effect from 1-6-2015 and same was to apply prospectively and hence, no late filing fees was applicable for any period prior to 1-6-2015. Undisputedly, TDS returns had been processed before 1-6-2015 which was evident from the fact that impugned order was dated 14-5-2015. Therefore, levy of late filing fees under section 234E was not sustainable.
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Fee under section 234E - Leviability - TDS returns filed and processed before 1-6-2015 -
AO levied late filing fees under section 234E in respect of TDS returns for 4 quarters of financial year 2013-14 filed and processed before 1-6-2015. Assessee challenged this.Held: Provisions of levy of late filing fees under section 234E as introduced with effect from 1-7-2012 could not be read in isolation and were required to be read with mechanism and mode provided for its enforcement which was governed by section 200A. The amendment in section 200A(1) dealing with levy and computation of late fees was introduced only with effect from 1-6-2015 and same was to apply prospectively and hence, no late filing fees was applicable for any period prior to 1-6-2015. Undisputedly, TDS returns had been processed before 1-6-2015 which was evident from the fact that impugned order was dated 14-5-2015. Therefore, levy of late filing fees under section 234E was not sustainable.
Followed:Fatehraj Singhvi v. UOi (2016) 73 Taxmann.com 252 (Karn) : 2016 TaxPub(DT) 4175 (Karn-HC), 26-8-2016.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2014-15
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