TMI Blog2017 (5) TMI 1355X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee - I.T.A. Nos. 3141 & 3142/Ahd/2014 - - - Dated:- 31-3-2017 - Shri Pradip Kumar Kedia, Accountant Member And Shri Mahavir Prasad, Judicial Member Appellant by : Shri Parin Shah, A.R. Respondent by : Shri V.I. Mehta, Addl. CIT. ORDER Per Shri Mahavir Prasad, Judicial Member These two appeals have been preferred by the assessee are directed against the order of the Commissioner of Income Tax(Appeals)- XXI, Ahmedabad, dtd. 22/10/2014 for the Assessment Year (AY) 2013-14(Q-3). 2. Assessee/appellant has been taken following Grounds of appeals in ITA No.3141/Ahd/2014 3142/Ahd/2014: i). In law and in facts and circumstances of the Appellant s case, the learned Commissioner of Income-tax (Appeals) has gross ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been reproduced in the case of Indian Overseas Bank Vs. DCIT, Ghaziabad rendered in ITA No.3271/And/2014. It reads as under: 3. I find that the issue in appeal 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 - ITA No.90/Asr/2015, vide order dated 9th June, 2015, wherein the Division Bench has inter alia observed 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 Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sum of two hundred rupees for every day during which the failure continues. (2) The amount of fee referred to in sub-section (1) 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 to be delivered for tax deducted at source or tax collected at source, as the case may be, on or after th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : 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; (ii) in respect of rate of deduction of tax at source, where such rate is not in accordance with the provisions of this Act; (2) For the purposes of processing of statements under sub-section (1), the Board may make a scheme for centralised processing of statements ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 2015, there was no enabling provision therein for raising a demand in respect of levy of fees under section 234E. While examining the correctness of the intimation under section 200A, we have to be guided by the limited mandate of Section 200A, which, at the relevant point of time, permitted computation of amount recoverable from, or payable to, the tax deductor after making the following adjustments: (a), after making adjustment on account of arithmetical errors and incorrect claims apparent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thin which the related TDS statement is filed, and as the related TDS statement was filed on 19th February 2014, such a levy could only have been made at best within 31st March 2015. That time has already elapsed and the defect is thus not curable even at this stage. In view of these discussions, as also bearing in mind entirety of the case, the impugned levy of fees under section 234 E is unsustainable in law. We, therefore, uphold the grievance of the assessee and delete the impugned levy of fee under section 234E of the Act. The assessee gets the relief accordingly. 11. When the above judicial precedent was brought to the notice of the ld. Departmental Representative, he did not have much to say except to place his reliance on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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