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2022 (11) TMI 847 - AT - Income TaxLate fee levied u/s. 234E - Levy for period prior to 1/6/2015 - TDS returns pertaining to the period prior to 01/06/2015, if filed after 01/06/2015 and processed after 01/06/2015 - whether they attract the amended provisions of Finance Act, 2012 and the specific provision for levy of “fee” under section 234E of the Act which was inserted w.e.f 1/6/2015 - HELD THAT:- As the assessee, viz., WS Industries India Limited, Visakhapatnam had deducted tax at source U/s. 195 of the Act. The due date for filing TDS returns is 15th May, 2014 but belatedly filed the returns on 2/08/2014 under the bonafide intention that the amended provisions will not attract for levy of late fee U/s. 234E of the Act. Since the period under consideration is the 4th Quarter of FY 2013-14 ie., prior to the amendment to section 200A(1) of the Act wherein clause (c) was inserted w.e.f 01/06/2015 and the assessee had already deposited the tax at source prior to the amendment to section 200A(1), the levy of late fee u/s. 234E for default in furnishing the statement beyond the stipulated time is not sustainable in law. Respectfully following the ratio laid down in case of Fatheraj Singhvi [2016 (9) TMI 964 - KARNATAKA HIGH COURT]; judgment of United Metals [2021 (12) TMI 1349 - KERALA HIGH COURT] and various decisions of the Tribunal levying of late fee under section 234E for the period prior to 1/6/2015 is not sustainable in law. Thus, in the instant case since the period of default was before the said date ie., 01/06/2015, there is no merit in charging late filing fee u/s. 234E of the Act. Accordingly the Ld. AO is directed to delete the fee levied U/s. 234E of the Act in the order passed U/s. 154 r.w.s 200A of the Act. Since hold that the no late filing fee is to be charged, the consequential interest charged U/s. 220(2) of the also does not survive - Decided in favour of assessee.
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