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2016 (9) TMI 960 - ITAT COCHIN

2016 (9) TMI 960 - ITAT COCHIN - TMI - Levy of fees under section 234E - intimation issued under section 200A in respect of processing of TDS - Held that:- We find that 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 the scope of permissible adjustments contemp .....

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order dated 21.3.2016. The relevant assessment year is 2013-14. The assessee has also filed a stay petition seeking stay of recovery of outstanding tax arrears amounting to ₹ 66,080/-. ITA No 258/Coch/2016 2 There is a delay of 3 days in filing this appeal. The assessee society had filed condonation petition along with an affidavit of Sr. Mary Jincy, who is the President of the assessee society. 3 We have perused the affidavit filed by Sr Mary Jincy and are convinced that there is sufficie .....

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e, if any under See 234E of the Act. Learned counsels have argued in various tribunals that prior to 01.06.2015, there was no enabling section under See 200A of the Act for raising a demand in respect of levy of fee under Section 234E of the Act. 3. Accordingly the levy of fee under Section 234E of the Act while processing the statement is beyond the scope of Section 200A of the Act 4. The Assessing officer has exceeded his jurisdiction in levying fee under Section 234E while processing the stat .....

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sing late fees Vis 234E has to be cancelled and quashed. 5 The briefly stated the facts of the case are as follows: The assessee is a charitable society registered /s 12A of the I T Act. It is also having exemption u/s 80G(v) of the I T Act. The assessee society had deducted tax from payments made to contractors and filed TDS statement for the same. While processing the TDS statement, the Dy Commissioner of Central Processing Cell (TDS) observed that there is a delay in filing the statement and .....

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ns made before the income tax authorities. The ld DR present was duly heard. 8 We have heard the rival submissions and perused the material on record. The Finance Act, 2015 has amended section 200A of the Act with effect from 1.6.2015. The amendment is as follows: In section 200A(1) of the Act, for clause( c ) to (e), the following clauses were 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. .....

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fund due to the deductor in pursuance of the determination under clause (d) shall be granted to the deductor. 8.1 Thus, post 1st June 2015, in the course of processing of a TDS statement and issuance of intimation u/s 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 section234E . Prior to 1st June 2015, there was no enabling provision therein for raising a demand in respect of levy of fees u/s 234E of .....

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der section 234E was indeed beyond the scope of permissible adjustments contemplated under section 200A. This intimation is an appealable order under section 246A(1 )(a), and, therefore, the CIT(A) ought to have examined legality of the adjustment made under this intimation in the light of the scope of the section 200A. Leamed 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 coul .....

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