Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (2) TMI 1696 - AT - Income TaxLate fee charged under section 234E for belated filing of TDS returns - Held that:- Fee under section 234E could be levied in the relevant financial year in question even in the absence of a regulatory provision i.e. section 200A of the Act. It was thus open to the Revenue to charge the fee stipulated in section 234E of the Act even prior to the amendment brought under section 200A of the Act w.e.f. 01.06.2015. With the amendment, the adjustment has been brought within the fold of section 200A of the Act. Hence, as held, the amendment is clarificatory in nature. We note from the decision of the Hon’ble Gujarat High Court that section 200A is not a source of substantive power. Substantive power to levy fee could be traced to section 234E of the Act. See RAJESH KOURANI Versus UNION OF INDIA [2017 (7) TMI 458 - GUJARAT HIGH COURT] We decline to interfere with the action of the Revenue towards invoking section 234E of the Act for levy of late filing fee appealed against. - Decided against assessee.
|