9911796707
TMI Blog2016 (9) TMI 397X X X X Extracts X X X X X X X X Extracts X X X X ..... 2015, ITA No.904/Ahd/2015 For The Appellant : H.C. Shah For The Respondent : K. Madhusudan ORDER Per Bench: 1. By way of these 35 appeals, the assessee appellants have challenged correctness of the orders passed by the ld. CIT(A) upholding levy of fees, under section 234E of the Income Tax Act, 1961 ('the Act' hereinafter), on the assessees and by way of intimations issued under section 200A in respect of processing of TDS for the respective Assessment Years as indicated against each appeal. 2. In all these 35 appeals, the short grievance of the assessee is that on the facts and circumstances of the case, the ld. CIT(A) has erred in upholding the levy of late filing fees under section 234E in the course of processing TDS return unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ication 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 the Finance 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 section 206C, he shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 200 and 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) shall be granted to the dedu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nst 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 section 234E". There is no di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 statement is filed, and as the related TDS s ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
