Notional Specialities Products v. ITO

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The Tax Publishers2016 TaxPub(DT) 2284 (Ahd-Trib) Notional Specialities Products v. ITO INCOME TAX ACT, 1961 --Fee under section 234E--LeviabilityApplicability of amendment to section 200A with effect from 1-6-2015----No fee under section 200A read with section 234E can be levied prior to 1-6-2015, as there was no machinery provision linking section 200A with section 234E prior to 1-6-2015.--Post 1-6-2015, in the course of processing of a TDS statement and issuance of intimation under section 200A in respect thereof, an adjustment could also be made in respect of the 'fee, if any, shall be computed in accordance with the provisions of section 234E'. The law stood, prior to 1-6-2015, there was no enabling provision therein for raising a demand in respect of levy of fees under section 234E. Hence, no fee under section 200A read with 234E can be levied prior to 1-6-2015 as there was no machinery provision linking section 200A with section 234E prior to 1-6-2015. Income Tax Act, 1961, Section 234E *REFERRED :* FAVOUR : In assessee's favour A.Y. : 2014-15 & 2013-14 IN THE ITAT, AHMEDABAD 'C' BENCH RAJPAL YADAV, J.M. & N.K. BILLAIYA, A.M. Notional Specialities Products v. ITO ITA No.3372 to 3375/Ahd/2015 A.Y: 2014-15 & 2013-14 SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2016 TaxPub(DT) 2284 (Ahd-Trib)

Notional Specialities Products v. ITO

INCOME TAX ACT, 1961

--Fee under section 234E--LeviabilityApplicability of amendment to section 200A with effect from 1-6-2015----No fee under section 200A read with section 234E can be levied prior to 1-6-2015, as there was no machinery provision linking section 200A with section 234E prior to 1-6-2015.--Post 1-6-2015, in the course of processing of a TDS statement and issuance of intimation under section 200A in respect thereof, an adjustment could also be made in respect of the 'fee, if any, shall be computed in accordance with the provisions of section 234E'. The law stood, prior to 1-6-2015, there was no enabling provision therein for raising a demand in respect of levy of fees under section 234E. Hence, no fee under section 200A read with 234E can be levied prior to 1-6-2015 as there was no machinery provision linking section 200A with section 234E prior to 1-6-2015.

Income Tax Act, 1961, Section 234E

REFERRED :

FAVOUR : In assessee's favour

A.Y. : 2014-15 & 2013-14

IN THE ITAT, AHMEDABAD 'C' BENCH

RAJPAL YADAV, J.M. & N.K. BILLAIYA, A.M.

Notional Specialities Products v. ITO

ITA No.3372 to 3375/Ahd/2015

A.Y: 2014-15 & 2013-14