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| The Tax Publishers2021 TaxPub(DT) 3630 (Del-Trib) INCOME TAX ACT, 1961
Section 234E
Amendments brought in statute with effect from 1-6-2015 were prospective in nature and as such, notice issued under section 200A for computation and intimation of payment of late filing fee under section 234E relating to the period of tax deduction prior to 1-6-2015 was not maintainable.
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Late fee under section 234E - Delay in filing of TDS statements - Leviability prior to 1-6-2015 -
AO raised demand by way of intimation under section 200A dated 3-11-2015 on account of late fee under section 234E for delay in filing the TDS statement. Assessee challenged this. Held: Provisions contained under section 200A(1)(c) was brought into Statute by the Finance Act, 2015 with effect from 1-6-2015, there was no enabling machinery provision for making such adjustments while processing TDS statement return under section 200A. Amendments brought in statute with effect from 1-6-2015 were prospective in nature and as such, notice issued under section 200A for computation and intimation of payment of late filing fee under section 234E relating to the period of tax deduction prior to 1-6-2015 was not maintainable. Hence, fee levied under section 234E was deleted.
Followed:Fatehraj Singhvi & Ors. v. UOI & Ors. 2016 (9) TMI 964 (Karn-HC) : (2016) 289 CTR 602 (Karn-HC) : 2016 TaxPub(DT) 4175 (Karn-HC). Relied:Vegetable Products Limited. (1973) 88 ITR 192 (SC) : 1973 TaxPub(DT) 421 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2015-16
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