Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2021 (4) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (4) TMI 330 - AT - Income TaxPenalty u/s 234E - Late fee for filing the TDS Returns - assessee is a charitable trust runs its educational institution / school affiliated to CBSE Board ad the assessee trust is also registered under the Bombay Public Trusts Act, 1950 and is also granted registration under section 12A - whether or not the Assessing Officer could charge late fee under provisions of section 234 E of the Act, where admittedly 1st quarterly TDS returns filed by assessee was delayed? - HELD THAT:- Identical issue arose before the Co–ordinate Bench of the Tribunal, Mumbai “E” Bench, Mumbai, in a group of cases EMSONS EXIM PVT. LTD. VERSUS INCOME TAX OFFICER (TDS) WARD-1 (2) (3) , MUMBAI [2019 (8) TMI 1461 - ITAT MUMBAI] wherein the Co–ordinate Bench followed the majority view expressed by the Third Member by observing that the fee under section 234E of the Act can only be charged in respect of delay in filing the statement of TDS for the period after 1st June 2015. Although, the fact remains that the assessee is defaulted in filing the TDS return belatedly prior to 1st June 2015. Since the issue raised in the present case is squarely covered by the aforesaid ratio laid down by the Co–ordinate Tribunal, Mumbai Bench, respectfully following the same, we hold that the authorities below were not justified in levying penalty and the interest thereon. Since the default committed by the assessee is prior to 1st June 2015, the Assessing Officer is not empowered to charge fees under section 234E of the Act by way of intimation issued under section 200A of the Act - Decided in favour of assessee.
|