Feedback   New User   Login      
Tax Management India. Com TMI - Tax Management India. Com
Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Case Laws Manuals Short Notes Articles SMS News Highlights
        Home        
Extracts
Home List
← Previous Next →

Bapashri Mahotsav Smruti Trust Versus Dy. Commissioner of Income-tax

2016 (2) TMI 265 - ITAT AHMEDABAD

Levy of fees under section 234E - intimation issued under section 200A in respect of processing of TDS - Held that:- As decided in case of Wonder Waves Entertainment Pvt Ltd [2015 (10) TMI 2477 - ITAT AHMEDABAD ] the issue in all these appeals is now squarely covered in favour of the assessee by the decision of ITAT Amritsar Bench in the case of Sibia Healthcare Private Limited vs. DCIT [2015 (6) TMI 437 - ITAT AMRITSAR] adjustment in respect of levy of fees under section 234E was indeed beyond .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

at this stage. In view of these discussions, as also bearing in mind entirety of the case, the impugned levy of fees under section 234E is unsustainable in law. We, therefore, delete the impugned levy of fee under section 234E of the Act. - Decided in favour of assessee. - ITA No. 3180 to 3183/Ahd/2015 - Dated:- 29-12-2015 - SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER For the Petitioner : : Shri P.M. Mehta, AR For the Respondent : Shri Dileep Kumar, Sr-DR ORDER This bunch of appeals has been fi .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

/2015, the assessee has raised following grounds:- 1. in law and on the facts and in the circumstances of the appellant s case, the learned CIT(Appeals) has erred in dismissing appeal of the Appellant filed against order passed u/s 200A of the Act by the learned Deputy Commissioner of Income Tax, Centralized Processing Cell- TDS. 2. In law and on the facts and in the circumstances of the appellant s case, the ld. CIT(A) has erred in confirming fees charged u/s 234E of the Act for late filing of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

o above, the late filing fee levied u/s 234E should be calculated from the date of payment of TDS to the date of filing of statement of TDS. 3. The appellant craves leave to add, alter, amend and/or withdraw any ground or grounds of appeal either before or during the course of hearing of the same. 3. 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. DC .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

rging of late fee u/s. 234E of the Act. The findings reads as under:- "4. We have heard the rival contentions, perused the material on record and duly considered facts of the case in the light of the applicable legal position. In addition to his argument on the merits, learned counsel has also invited our attention to the reports about the decisions of various Hon'ble High Courts, including Hon'ble Kerala High Court, in the case of Narath Mapila LP School Vs Union of India [WP (C) 3 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

as admittedly there are no orders from the Hon'ble Courts above retraining 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 Ju .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

) shall not exceed the amount of tax deductible or collectible, as the case may be. (3) The amount of fee referred to in sub-section (1) shall be paid before delivering or causing to be delivered a statement in accordance with subsection (3) of section 200 or the proviso to subsection (3) of section 206C. (4) The provisions of this section shall apply to a statement referred to in sub- section (3) of section 200 or the proviso to sub-section (3) of section 206C which is to be delivered or caused .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ing any sum (hereafter 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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

ination under clause (c) shall be granted to the deductor: Provided that no intimation under this subsection 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 subsection, "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 .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

there is an amendment inSection 200A and this amendment, as stated in the Finance Act 2015, is as follows: In section 200A of the Income-tax Act, in subsection (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 computed in accordance with the provisions of section 234E; (d) the sum payable by, or the amount of refund due to, the deductor shall be determined after adjustment of the amount .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

t 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 section 234E". There is no dispute that what is impugned in appeal before us is the intimation under section 200A of the Act, as stated in so many words in the impugned intimation itself, and, as the law stood, prior to 1st June .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

claims apparent from any information in the statement" - Section 200A(1)(a) . (b) after making adjustment for 'interest, if any, computed on the basis of sums deductible as computed in the statement". - Section 200A(1)(b) 9. No other adjustments in the amount refundable to, or recoverable from, the tax deductor, were permissible in accordance with the law as it existed at that point of time. 10. In view of the above discussions, in our considered view, the adjustment in respect of .....

X X X X X X X

Extract - Part text only
Click here to Access Full Contents

X X X X X X X

 

 

 

 

 

Discussion Forum
what is new what is new
 


Share:            

|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.

Go to Mobile Version