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TMI Blog2022 (4) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... ue and, therefore, these appeals were heard together and are being disposed off by this common order. 3. During the course of hearing before us, neither anybody appeared on the side of the assessee nor filed any written submissions. On a perusal of the record, it is observed that this case was listed for hearing on four prior occasions and none appeared on behalf of the assessee. Therefore, we are proceeding to hear the matter on the basis of submissions made by the learned Departmental Representative ("learned D.R") and the material available on record. 4. The only issue arising in these appeals is, whether fee under section 234E of the Act can be levied while processing of statements of tax deducted at source under section 200A(1) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... smissed the appeals filed by the assessee. 7. The learned D.R. vehemently relied on the order passed by the lower authorities. 8. We have considered the submissions of the learned D.R. and perused the material available on record. Section 234E of the Act provides for levy of fee for default in furnishing any statement within the time prescribed in section 200(3) of the Act or proviso to section 206C(3) of the Act. Section 234E of the Act was inserted by Finance Act, 2012. Simultaneously, section 271H of the Act was also inserted in the Act providing for penalty for default in furnishing aforesaid statements or furnishing incorrect information in such statements. Further, section 200A of the Act deals with the provisions for processing of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... computation and intimation of payment of fee under section 234E of the Act relating to the period of tax deduction prior to 01.06.2015 was not maintainable, by observing as under:- "21. However, if Section 234E providing for fee was brought on the state book, keeping in view the aforesaid purpose and the intention then, the other mechanism provided for computation of fee and failure for payment of fee under Section 200A which has been brought about with effect from 1.6.2015 cannot be said as only by way of a regulatory mode or a regulatory mechanism but it can rather be termed as conferring substantive power upon the authority. It is true that, a regulatory mechanism by insertion of any provision made in the statute book, may have a retr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as retroactive in character and not prospective. 22. It is hardly required to be stated that, as per the well established principles of interpretation of statute, unless it is expressly provided or impliedly demonstrated, any provision of statute is to be read as having prospective effect and not retrospective effect. Under the circumstances, we find that substitution made by clause (c) to (f) of sub-section (1) of Section 200A can be read as having prospective effect and not having retroactive character or effect. Resultantly, the demand under Section 200A for computation and intimation for the payment of fee under Section 234E could not be made in purported exercise of power under Section 200A by the respondent for the period of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 2015, enable computation of fee payable under section 234E of the Act at the time of processing of statement of TDS, is prospective in nature from 01.06.2015 and thus intimation issued under section 200A of the Act dealing with the fee under section 234E for belated filing of TDS return for the period prior to 01.06.2015, are invalid. 12. We find that the Co-ordinate Bench of the Tribunal in Permanent Magnets Ltd. v/s DCIT, ITA no.6436 to 6442/Mum./2018, order dated 07.08.2019, following the aforesaid decision of the Hon'ble Karnataka High Court in Fatheraj Sanghvi (supra) directed deletion of fee under section 234E of the Act levied vide intimation under section 200A of the Act for the period prior to 01.06.2015. 13. It is well est ..... X X X X Extracts X X X X X X X X Extracts X X X X
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