Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (2) TMI 1032 - AT - Income TaxApplicability of Section 234E r.w.s. 204 - late filing fees - TDS u/s 194IA - transfer of immovable property - Regulatory provision being found in section 200A for computation of fee - HELD THAT:- Legal issue raised by the Assessee has been addressed by Hon’ble Gujarat High Court in favour of the Revenue and against the assessee in the case of Rajesh Kourani vs. Union of India [2017 (7) TMI 458 - GUJARAT HIGH COURT]. The Hon’ble Gujarat High Court held that section 234E of the Act is a charging provision creating a charge for levying fee for certain defaults in filing statements and fee prescribed under s.234E could be levied even in the absence of a regulatory provision being found in section 200A for computation of fee. In the light of aforesaid decision of the Hon’ble Gujarat High Court, we decline to interfere with the action of the Revenue authorities. - Decided against assessee. TDS u/s 194IA - Held that:- the obligation under s.194IA of the Act is fastened on the transferee qua each transferor and where the consideration paid to any transferor is less than ₹ 50 Lakhs, the provisions of Section 194IA of the Act would not apply. In parity with the view already expressed on the issue, in the absence of any default under s.194IA of the Act, consequential late filing fees under s.234E to this extent is deleted. Decided partly in favor of assessee.
|