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Fee under section 234E

Fee under section 234E is deleted by ITAT for delayed filing of TDS return

June 13, 2015
Fee under section 234E for delayed filing of quarterly TDS return, deleted

In a recent judgement, the ITAT (Income Tax Appellate Tribunal) have upheld the assessee’s grievance and deletes fee under section 234E for delayed filing of quarterly TDS return.

The judgement was in the case of Sibia Healthcare Private Limited against DCIT(TDS-CPC).

ITAT(Income Tax Appellate Tribunal) said there was no enabling provision under section 200A, prior to June 1, 2015 for raising demand in respect of levy of fee under section 234E.

ITAT(Income Tax Appellate Tribunal) also said adjustment for levy of fee under section 234E was beyond the scope of permissible adjustment contemplated under section 200A, before the amendment by Finance Act 2015.

The clauses on fee under section 234E were included with effect from June 1, 2015, in sub section (1) of section 200A of the Income Tax Act.

Thus in absence of enabling provision under section 200A, no such levy could be affected prior to the inclusion of the clause.

ITAT holds that intimation was raised in respect of TDS Statement filed by Assessee in February 2014 and such levy could have been made on or before March 31, 2015 and since the time has elapsed the defect is not curable.

 

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4 Responses to “Fee under section 234E is deleted by ITAT for delayed filing of TDS return”

  1. VIRUPAXI BEVOOR

    I AM USER OF YOUR SOFTAWARE (YOUR COSTOMER) TO FILE TDS RETURNI AM UNABLE TO PRINT FORM 16A IN TRACES FORMAT EVEN AFTER DOWNLOADING FROM TRACES?
    WHAT IS PROCEDURE FOR THE SAME ? PL. GIVE ME PROCEDUREINDETAIL.

  2. B.A.PAWAR ASSOCIATES

    I AM USER OF YOUR SOFTAWARE (YOUR COSTOMER) TO FILE TDS RETURNI AM UNABLE TO PRINT FORM 16A IN TRACES FORMAT EVEN AFTER DOWNLOADING FROM TRACES?
    WHAT IS PROCEDURE FOR THE SAME ? PL. GIVE ME PROCEDUREINDETAIL.

  3. Punit

    Whether the amounts will be refunded by the Income Tax Department collected as fee u/s 234E prior to the Finance Act, 2015

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