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2020 (5) TMI 36 - AT - Income TaxLevy of late filing fees u/s.234E - assessee filed the TDS return for the respective quarters belatedly - Intimation issued u/s. 200A - HELD THAT:- Assessee has deducted TDS, which has been deposited within the time and on perusal of the demand notice raised by the CPC(TDS), it is noticed that there is no any short payment, short deduction/collection, interest on payment default u/s.201(1A)/206C(7) of the Act, interest on short payment, interest on deduction/collection default u/s.201(1A)/206C(7) of the Act, interest on short deduction/collection, interest on late deduction/collection, which shows that there was no delay for deduction and deposit. Only the assessee did not comply the provisions of Section 234E of the Act, therefore, the CPC(TDS) has raised the demand against the assessee. The issue before us relates to prior to the amendment in Section 234E of the Act. We have also gone through the decision of the coordinate bench of the Tribunal in the case of Glee Pharma Pvt. Ltd. [2017 (8) TMI 1455 - ITAT CUTTACK] wherein the Tribunal has decided the issue in favour of the assessee upto the extent of amendment in Section 234E of the Act w.e.f.01.06.2015. We direct the AO to delete the fee levied u/s. 234E for the 1st, 2nd, 3rd & 4th quarters for the Financial Year 2013-2014 relevant to assessment year 2014-2015 and for the 1st, 2nd, 3rd & 4th quarters for the Financial Year 2014-2015 relevant to assessment year 2015-2016 on account of late filing of TDS return - Allow the appeals of the assessee
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