Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2024 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (2) TMI 578 - AT - Income TaxLevy of fees u/s 234E - alleged default in furnishing TDS statements - as argued provisions of section 234E has come into statue w e f 01.06.2015 and the same is not applicable for the impugned assessment years - HELD THAT:- The issue of levy of charge u/s 234E of the Income Tax Act, 1961 stands decided by the order of the Co-ordinate Bench of ITAT in [2018 (10) TMI 355 - ITAT DELHI], wherein held that no fee was leviable to the assessee u/s 234E in violation of section 200(3), because assessee had furnished the statement immediately after depositing all the tax without any delay. Accordingly, the demand on account of 234E is cancelled.In any case, the levy of fee u/s 200A in accordance with the provision of section 234E has come into the statute w.e.f. 1.6.2015. Since the challan and statement has been filed much prior to this date, therefore, no such tax can be levied u/s 200A. Interest u/s 220(2) cannot be levied when fee u/s 234E itself is not leviable. Charging of interest u/s 201(IA), the same cannot be charged as admittedly no order u/s 201(1) has been passed holding the assessee to be “assessee in default” and, therefore, such an interest is also deleted.” We have examined the issue and the provision of Section 201, Section 200(3) and Section 234E. Since, the issue is in parity with the issues adjudicated in the above said order, the same ratio applies. Hence, the appeal of the assessee is hereby allowed.
|