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2024 (4) TMI 707 - AT - Income TaxFees levied u/s 234E - delay in filing TDS statement for various quarters - HELD THAT - Following the judicial precedents laid in Fatheraj Singhvi Vs UOI 2016 (9) TMI 964 - KARNATAKA HIGH COURT NFAC has rightly allowed the appeal of the assessee and deleted the fees levied by the respondent u/s 234E of the Act wherein as held when the amendment made under Section 200A of the Act which has come into effect on 1.6.2015 is held to be having prospective effect, no computation of fee for the demand or the intimation for the fee under Section 234E could be made for the TDS deducted for the respective assessment year prior to 1.6.2015. In the event, the present appeal filed against the impugned order seeking reversal in our considered view calls for no adjudication, hence deserves to be dismissed as infructuous. Thus, ordered accordingly.
Issues involved: Appeal against order u/s 250 of the Income-tax Act, 1961 by National Faceless Appellate Centre for AY 2015-16.
Summary: The appeal was filed against the order passed u/s 250 of the Income-tax Act, 1961 by the National Faceless Appellate Centre for assessment year 2015-16. The case proceeded ex-parte as the assessee did not appear despite being called twice, leading to adjudication on merits u/s 24 of the ITAT Rules, 1963. The Ld. DR was heard, and case records were perused in accordance with rule 18 of ITAT Rules, 1963. The facts were considered in light of settled legal position. The assessee was required to deduct tax at sources for payments made in financial year 2014-15 relevant to the assessment year under consideration and file TDS statement within the prescribed due date. Due to delay in filing the TDS statement, the respondent levied a fee of &8377;15,000 u/s 234E of the Act. Citing judicial precedents, the NFAC allowed the appeal and deleted the fees levied by the respondent u/s 234E of the Act. The appeal seeking reversal was deemed infructuous and dismissed accordingly. The appeal of the assessee was dismissed in the above terms as per rule 34 of ITAT Rules. The order was pronounced in open court on Tuesday, 16th day of April, 2024.
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