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2020 (2) TMI 1669 - AT - Income TaxLevying the late fees u/s 234E - processing the statement of tax deducted at source u/s 200A before the amendment was brought in w.e.f. 01.06.2015 in the provisions of section 200A - HELD THAT - Following the decisions given by us in the case of State Bank of India Genda Chowk and others 2018 (11) TMI 1714 - ITAT INDORE and M/s. Madhya Pradesh Power Transmission Ltd. others 2018 (12) TMI 1323 - ITAT INDORE and Bhupesh Kumar J. Sanghvi others 2019 (1) TMI 1739 - ITAT INDORE are of the opinion that in the given set of facts of the instant appeals wherein fee u/s 234E of the Act was levied in the statements processed u/s 200A of the Act before 01.06.2015 i.e. before the amendment brought into effect from 01.06.2015 in section 200A of the Act thereby enabling the revenue authorities to raise demand in respect of levy of fees u/s 234E of the Act. Ld. CIT(A) erred in confirming the levy of late fees u/s 234E of the Act by the assessing officer. Accordingly findings of ld. CIT(A) in all these 165 appeals are reversed and revenue is directed to delete the levy of fees u/s 234E of the Act in all these 165 cases. Thus common issue raised in these bunch of appeals is decided in favour of the assessees.
Issues Involved:
1. Whether the Revenue authorities were justified in levying late fees under Section 234E of the Income Tax Act while processing the statement of tax deducted at source under Section 200A of the Act before the amendment effective from 01.06.2015. Issue-wise Detailed Analysis: 1. Levy of Late Fees under Section 234E: The primary issue in this judgment was whether the Revenue authorities had the power to levy late fees under Section 234E of the Income Tax Act while processing the statement of tax deducted at source (TDS) under Section 200A of the Act before the amendment effective from 01.06.2015. Facts: The appellants failed to file the TDS statements within the prescribed due dates. As per Section 234E, a fee for default in furnishing the statement is leviable if the TDS statements are not delivered within the time prescribed. The Revenue authorities levied late fees under Section 234E while processing the TDS statements under Section 200A. The appellants contested this levy, arguing that before the amendment effective from 01.06.2015, the authorities did not have the power to levy such fees under Section 200A. Arguments by Appellants: The appellants cited several decisions from the Coordinate Bench and various High Courts, including: - Mentor India Limited vs. DCIT - Sudershan Goyal vs. DCIT (TDS) - State Bank of India, Gwalior vs. CIT(A) - State Bank of India, Genda Chowk and others vs. DCIT(TDS) - Madhya Pradesh Power Transmission Ltd. & others - Bhupesh Kumar J. Sanghvi & others These decisions supported the view that the amendment brought by the Finance Act, 2015, effective from 01.06.2015, was prospective in nature. Therefore, no computation for fees under Section 234E could be made for TDS statements processed under Section 200A before this date. Arguments by Revenue: The Departmental Representative failed to provide substantial arguments to counter the submissions made by the appellants' counsels. Tribunal's Analysis: The Tribunal reviewed the rival contentions and various judicial pronouncements, including: - Fatehraj Singhvi vs. UOI (Karnataka High Court) - Rajesh Kaurani vs. UOI (Gujarat High Court) - CIT vs. Vatika Township Pvt. Ltd. (Supreme Court) - CIT vs. Vegetable Products Ltd. (Supreme Court) The Tribunal noted that the amendment in the Finance Act, 2015, effective from 01.06.2015, introduced clauses (c), (d), and (e) to sub-section (1) of Section 200A, which were prospective in nature. Therefore, fees under Section 234E could not be levied for TDS statements processed under Section 200A before 01.06.2015. Conclusion: The Tribunal concluded that the levy of late fees under Section 234E in the statements processed under Section 200A before 01.06.2015 was not justified. The Tribunal reversed the findings of the CIT(A) in all 165 appeals and directed the Revenue to delete the levy of fees under Section 234E. Final Judgment: All 165 appeals by the assessees were allowed, and the order was pronounced in the open court on 20.02.2020.
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