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| The Tax Publishers2021 TaxPub(DT) 1492 (Karn-HC) INCOME TAX ACT, 1961
Section 234E
Where amendment to section 200A of the Act came into effect from 1-6-2015 and is held to be prospective in nature then no computation of fee for the demand or intimation for fee under section 234E could be made for late deposit of TDS for the period prior to 1-6-2015, therefore, AO was directed to delete the addition made under section 234E in the hands of assessee.
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Fee under section 234E - Section introduced w.e.f. 1-6-2015 - Late filing of TDS return -
Intimation under section 200A was issued levying fees under section 234E for late filing of the TDS returns. Assessee submitted that fees was levied while processing the TDS returns under section 200A, prior to 1-6-2015, and that as per the provisions of section 200A, which existed on the date when the above returns were processed, no adjustment on account of fees under section 234E could be made while processing the said returns. Held: Levy of late fees under section 234E was exercised under section 200A for period prior to 1-6-2015. Amendment to section 200A of the Act came into effect from 1-6-2015 and is held to be prospective in nature and therefore no computation of fee for the demand or intimation for fee under section 234E could be made for late deposit of TDS for the period prior to 1-6-2015. Late fee under section 234E cannot be levied for a period upto 1-6--2015. Therefore, AO was directed to delete the addition made under section 234E in the hands of assessee.
Distinguished :Rajesh Kourani v. UOI 2017 TaxPub(DT) 1953 (Guj-HC). Followed :Fatheraj Singhvi And Others v. UOI & Ors. 2016 TaxPub(DT) 4175 (Karn-HC).
REFERRED :
FAVOUR : In assessee's favour
A.Y. : 2012-2013 & 2013-2014
IN THE KARNATAKA HIGH COURT
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