2021 (4) TMI 330

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..... . VERSUS INCOME TAX OFFICER (TDS) WARD-1 (2) (3) , MUMBAI [ 2019 (8) TMI 1461 - ITAT MUMBAI] wherein the Co ordinate Bench followed the majority view expressed by the Third Member by observing that the fee under section 234E of the Act can only be charged in respect of delay in filing the statement of TDS for the period after 1st June 2015. Although, the fact remains that the assessee is defaulted in filing the TDS return belatedly prior to 1st June 2015. Since the issue raised in the present case is squarely covered by the aforesaid ratio laid down by the Co ordinate Tribunal, Mumbai Bench, respectfully following the same, we hold that the authorities below were not justified in levying penalty and the interest thereon. Since the default .....

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..... Q2 26Q ₹ 50,000 Q3 26Q ₹ 61,800 Q4 26Q ₹ 37,800 2. On the facts and circumstances of the case, the Learned Commissioner of Income Tax (Appeal) erred in confirming the interest on late payment and interest u/s. 220(2). Quarter Type of Return Amount of penalty imposed Q1 ₹ 33,412 Q2 ₹ 864 ₹ 900 .....

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..... Q1 26Q ₹ 98,600 Q2 26Q ₹ 50,000 Q3 26Q ₹ 61,800 Q4 26Q ₹ 37,800 4. The Assessing Officer has also levied interest on the aforesaid penalty which are as follows: Quarter Type of Return Amount of penalty imposed Q1 ₹ 33,412 Q2 ₹ 864 ₹ 900 .....

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..... admittedly 1st quarterly TDS returns filed by assessee was delayed. Identical issue arose before the Co ordinate Bench of the Tribunal, Mumbai E Bench, Mumbai, in a group of cases being ITA no.4406/Mum./2017, etc., vide order dated 28th August 2019, Emsons Exim Pvt. Ltd. v/s ITO (TDS), wherein the Co ordinate Bench followed the majority view expressed by the Third Member by observing that the fee under section 234E of the Act can only be charged in respect of delay in filing the statement of TDS for the period after 1st June 2015. Although, the fact remains that the assessee is defaulted in filing the TDS return belatedly prior to 1st June 2015. Since the issue raised in the present case is squarely covered by the aforesaid ratio laid dow .....

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