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| The Tax Publishers2019 TaxPub(DT) 8105 (Mum-Trib) INCOME TAX ACT, 1961
Section 234E
Prior to 1-6-2015, section 200A did not authorize AO to make adjustment of the fee to be levied under section 234E. This provision introduced with effect from 1-3-2016 was not retrospective and therefore, levy of fee under section 234E for any period prior to 1-6-2015 was not sustainable in the eyes of law.
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Fee under section 234E - Delay in filing of TDS statements - Leviability prior to 1-6-2015 -
AO, for assessment year 2013-14, levied late filing fees under section 234E on account of late filing of quarterly electronic TDS returns, as provided under section 200(3) read with rule 31A.Held: Prior to 1-6-2015, section 200A did not authorize AO to make adjustment of the fee to be levied under section 234E. This provision introduced with effect from 1-3-2016 was not retrospective and therefore, levy of fee under section 234E for any period prior to 1-6-2015 was not sustainable in the eyes of law.
Followed:Gajanan Constructions v. Dy. CIT (2016) 73 Taxmann.com 380 (Pune) : (2016) 161 ITD 313 (Pune-Trib) : 2016 TaxPub(DT) 4504 (Pune-Trib). Distinguished:Rashmikant Kundalia v. UOI (2015) 54 Taxmann.com 200 (Bom) : 2015 TaxPub(DT) 514 (Bom-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2013-14
IN THE ITAT, MUMBAI BENCH
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