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Mrs. Anitha Bhatt and Others Versus The Deputy Commissioner of Income Tax

2015 (11) TMI 1199 - ITAT CHENNAI

Levy of fee under Section 234E - processing the TDS statement furnished by the assessee u/s 200A - Fee for default in furnishing statements - Held that:- Prior to 01.06.2015, there was no enabling provision in Section 200A of the Act for making adjustment in respect of the statement filed by the assessee with regard to tax deducted at source by levying fee under Section 234E of the Act. The Parliament for the first time enabled the Assessing Officer to make adjustment by levying fee under Sectio .....

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of the Act. Therefore, this Tribunal is of the considered opinion that the fee levied by the Assessing Officer under Section 234E of the Act while processing the statement of tax deducted at source is beyond the scope of adjustment provided under Section 200A of the Act. Therefore, such adjustment cannot stand in the eye of law. - Decided in favour of assessee. - ITA No.1039, 1040, 1041, 1042, 1043 & 1044, 1045 & 1046, 1047, 1048 & 1049, 1050, 1051 & 1052, 1053, 1054 & 1055, 1056, 1057 & 1058, .....

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peals together and disposing the same by this common order. 2. The only issue arises for consideration in all these appeals is with regard to levy of fee under Section 234E of the Income-tax Act, 1961 (in short 'the Act'), while processing the statement furnished by the assessee under Section 200A of the Act. 3. We heard the Ld.counsel for the assessee and the Ld. Departmental Representative. The only contention of the Ld. D.R. is that Section 234E of the Act was introduced with effect f .....

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ying fee under Section 234E of the Act. This Tribunal has also found that Section 200A of the Act was amended by Finance Act, 2015 with effect from 01.06.2015 enabling the Assessing Officer to make adjustment levying fee under Section 234E of the Act. Accordingly, this Tribunal found that the Assessing Officer cannot levy fee while making the adjustments under Section 200A of the Act in respect of statement filed by the assessee. In fact, this Tribunal has observed as follows in Neelagiris Texti .....

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referred to in this section as deductor) under section 200, such statement shall be processed in the following manner, namely :- (a) the sums deductible under this Chapter shall be computed after making the following adjustments, namely :- (i) any arithmetical error in the statement ; or (ii) an incorrect claim, apparent from any information in the statement ; (b) the interest, if any, shall be computed on the basis of the sums deductible as computed in the statement ; (c) the sum payable by, o .....

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clause (c) shall be granted to the deductor : Provided that no intimation under this sub-section shall be sent after the expiry of one year from the end of the financial year in which the statement is filed. Explanation - For the purposes of this sub-section, an incorrect claim apparent from any information in the statement shall mean a claim, on the basis of an entry, in the statement- (i) of an item, which is inconsistent with another entry of the same or some other item in such statement ; (i .....

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in Section 200A of the Act. By Finance Act, 2015, with effect from 01.06.2015, the Parliament amended Section 200A by substituting subsection (1) of clauses (c) to (e). For the purpose of convenience, we are reproducing the amendment made in Section 200A by the Finance Act, 2015 as under:- In section 200A of the Income-tax Act, in sub-section (1), for clauses (c) to (e), the following clauses shall be substituted with effect from the 1st day of June, 2015, namely:- (c) the fee, if any, shall be .....

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