TMI Blog2016 (2) TMI 86X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessee : Shri Manish Rajvaidya, AR For Te Revenue : Shri Rakesh Jha, Sr-DR ORDER This appeal has been filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)-8, Ahmedabad, dated 01.05.2015 for Assessment Yeas 2013-14, confirming the levy of late filing penalty of ₹ 12,000/- levied by the DCIT, TDS, CPC, Ghaziabad u/s 234E of the Act for the 4th Quarter of 2012-13 in respect of quarterly TDS statement. 2. At the time of hearing before me, the ld. Authorized Representative for the assessee pointed out that similar issue arose before the Tribunal in the case of Wonder Waves Entertainment Pvt Ltd vs. DCIT in ITA Nos.2143 to 2146/Ahd/2015 for AY 2014-15, wherein the Tribunal, followi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us from our adjudication on merits in respect of the issues in this appeal, and as, in our humble understanding, this appeal requires adjudication on a very short legal issue, within a narrow compass of material facts, we are proceeding to dispose of this appeal on merits. 5. We may produce, for ready reference, section 234E of the Act, which was inserted by theFinance Act 2012 and was brought into effect from 1st July 2012. This statutory provision is as follows: 234E. Fee for defaults in furnishing statements (1) Without prejudice to the provisions of the Act, where a person fails to deliver or cause to be delivered a statement within the time prescribed in sub-section (3) of section 200 or the proviso to subsection (3) of secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, or the amount of refund due to, the deductor shall be determined after adjustment of amount computed under clause (b) against any amount paid under section 200and section 201, and any amount paid otherwise by way of tax or interest; (d) an intimation shall be prepared or generated and sent to the deductor specifying the sum determined to be payable by, or the amount of refund due to, him under clause (c); and (e) the amount of refund due to the deductor in pursuance of the determination under clause (c) shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... use (b) and clause (c) against any amount paid under section 200 or section 201 or section 234E and any amount paid otherwise by way of tax or interest or fee; (e) an intimation shall be prepared or generated and sent to the deductor specifying the sum determined to be payable by, or the amount of refund due to, him under clause (d); and (f) the amount of refund due to the deductor in pursuance of the determination under clause (d) shall be granted to the deductor. 8. In effect thus, post 1st June 2015, in the course of processing of a TDS statement and issuance of intimation under section 200A in respect thereof, an adjustment could also be made in respect of the fee, if any, shall be computed in accordance with the provisions of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... timation in the light of the scope of the section 200A. Learned CIT(A) has not done so. He has justified the levy of fees on the basis of the provisions of Section 234E. That is not the issue here. The issue is whether such a levy could be effected in the course of intimation under section 200A. The answer is clearly in negative. No other provision enabling a demand in respect of this levy has been pointed out to us and it is thus an admitted position that in the absence of the enabling provision under section 200A, no such levy could be effected. As intimation under section 200A, raising a demand or directing a refund to the tax deductor, can only be passed within one year from the end of the financial year within which the related TDS sta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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