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| The Tax Publishers2020 TaxPub(DT) 4503 (Mum-Trib) INCOME TAX ACT, 1961
Section 234E
Since substituted clause (c) to section 200A(1) became operational with effect from 1-6-2015, AO was not empowered to charge fees under section 234E, while processing belated TDS statements filed prior to 1-6-2015, even though section 234E provided for payment of fees for late filing of TDS returns.
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Fee under section 243E - Leviability - Belated TDS statements filed prior to 1-6-2015 -
Issue was as regards leviability of late fee under section 234E for belated filing of Form No. 26Q. Held: Amendment to section 200A(1) is prospective in nature and therefore, AO while processing the TDS statements/ returns in instant case for period prior to 1-6-2015 was not empowered to charge fees under section 234E. Since substituted clause (c) to section 200A(1) became operational with effect from 1-6-2015, AO was not empowered to charge fees under section 234E, while processing belated TDS statements filed prior to 1-6-2015, even though section 234E provided for payment of fees for late filing of TDS returns.
Followed:Fatheraj Singhvi & Ors. v. UOI & Ors. Writ Appeal Nos. 2663-2674/2015(T- IT) : 2016 TaxPub(DT) 4175 (Karn-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2015-16
INCOME TAX APPELLATE TRIBUNAL RULE, 1963
Rule 34(5)
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