The Tax Publishers2020 TaxPub(DT) 4252 (Ind-Trib)

INCOME TAX ACT, 1961

Section 234E

As amendment brought in Finance Act, 2015 with effect from 1-6-2015 under section 200A (1)(c) is prospective in nature, thereby empowering the revenue authorities to charge fee under section 234E only after 1-6-2015, assessee was eligible for relief for deletion of fee levied under section 234E as the returns were processed before 1-6-2015.

Fee under section 234E - Leviability - Applicability of amendment to section 200A with effect from 1-6-2015 -

Assessee filed appeal against CIT(A) in levying the late fees under section 234E in the statement processed under section 200A. Held: The amendment brought in Finance Act, 2015 with effect from 1-6-2015 under section 200A(1)(c) is prospective in nature, thereby empowering the revenue authorities to charge fee under section 234E only after 1-6-2015. Thus, relying on Executive Engineer Co. [ITA No. 457 to 459/Ind/2019 Order, dated 26-7-2019] assessee was eligible for relief for deletion of fee levied under section 234E as the returns were processed before 1-6-2015.

REFERRED :

FAVOUR : In favour of assessee.

A.Y. :



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