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2021 (12) TMI 784 - ITAT KOLKATALevy of late fee u/s. 234E prior to 01.06.2015 - scope of amendment - Conflicting views/decisions - HELD THAT:- We are inclined to follow the ratio decidendi of the Hon’ble Karnataka High Court in the case of Fatehraj Singhvi [2016 (9) TMI 964 - KARNATAKA HIGH COURT] and Shri Ayappa Educational Charitable Trust [2018 (1) TMI 90 - KARNATAKA HIGH COURT] in the light of the Hon’ble Supreme Court decision in Vegetable Products [1973 (1) TMI 1 - SUPREME COURT] that if there is no jurisdictional High Court’s decision on an issue then the view taken in favour of the assessee can be followed. Therefore, we are inclined to hold that the demand raised by the Income Tax Authorities for levying late fee u/s. 234E of the Act for the period prior to 01.06.2015 cannot be sustained and we order accordingly. However, we hasten to add that Hon’ble Karnataka High Court while passing the order had held the order to be prospective in operation and had clarified that if an assessee had made payment of fees u/s. 234E as per the demand/intimation u/s. 200A of the Act for the period prior to 01.06.2015 then it cannot claim the refund since the Hon’ble Karnataka High Court has held its order to be prospective in operation. - Decided in favour of assessee.
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