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2020 (2) TMI 926 - AT - Income TaxLate fee levied u/s 234E for belated filing of TDS statements - HELD THAT:- Although, the provision of section 234E of the Act, providing for levy of fee, in case of delayed filing of statement of TDS was there in the statute book w.e.f. 01/07/2002, but, since no corresponding amendment was made to provision of section 200A of the I.T.Act, 1961, before insertion of sub-clause (c) to section 200A by the finance Act, 2015 w.e.f. 01/06/2015, the late fee prescribed u/s 234E cannot be levied, while processing TDS statements filed and processed before 01/06/2015. In this case, on perusal of facts, we find that the Ld. AO has levied late fee u/s 234E, in respect of TDS statements filed in form 24Q for the quarter ending 15/10/2002 and 30/03/2013, which is prior to 01/06/2015. Therefore, we are of the considered view that the Ld. AO has erred in levying late fee u/s 234E of the Act, The Ld.CIT(A) without appreciating the facts has simply affirmed the findings of the Ld. AO. Hence, we direct the Ld. AO to delete late fee levied u/s 234E of the Act, for belated filing of TDS statements. - Decided in favour of assessee.
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