Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (5) TMI 626 - AT - Income TaxRectification u/s 154 - Levy of penalty u/s 234E - creating charge for levy of fee for certain defaults in filing statements - fee levied even for the period prior to coming into operation of Section 200A - debatable issue - apparent mistake in the order of the AO levying late fee under Section 234E - HELD THAT:- As considered the arguments of both the sides and perused the material placed before us. We entirely agree with the contention of the learned DR that it is a debatable issue because there are contrary decisions – one by Hon’ble Gujarat High Court in the case of Rajesh Kourani [2017 (7) TMI 458 - GUJARAT HIGH COURT] in favour of the Revenue and the other case of Fatheraj Singhvi [2016 (9) TMI 964 - KARNATAKA HIGH COURT] in favour of the assessee. It is a settled law that a debatable issue cannot be rectified under Section 154 of the Act. In view of the above, we uphold the order of learned CIT(A) and dismiss the appeals filed by the assessee. - Appeals of the assessee are dismissed.
|