2021 (2) TMI 224 - AT - Income Tax

Levying late fee u/s.234E - intimation u/s. 200A - AO empowerment to charge late fee u/s.234E for the period prior to 1.6.2015 - HELD THAT - CIT(A) has followed various case law to hold that the impugned statutory provision, very much applies for the relevant previous year 2017-18. We thus find no reason to interfere in the impugned levy of late fee u/s.234E of the Act. - Decided against assessee.

Summary

Issues:
- Appeal against CIT(A)'s order regarding late fee u/s.234E for AYs 2017-18 & 2018-19.

Analysis:
1. Late Fee u/s.234E: The main contention in the appeals was the levy of late fees u/s.234E by the lower authorities. The AR argued that the provision to include late fee u/s.234E in the intimation u/s.200A of the Act was effective only from 1.6.2015. The CIT(A) considered the submissions and relied on various case laws to support the applicability of late fee u/s.234E for the relevant previous year 2017-18. The Hon'ble ITAT Hyderabad and other tribunals had previously held that late fees under u/s.234E were applicable for TDS returns filed after 01/06/2015. The CIT(A) upheld the levy of late fee u/s.234E for the assessment year 2017-18, as per the decisions of the Hon'ble ITAT. The tribunal found no reason to interfere with the CIT(A)'s decision and dismissed both appeals of the assessee.

2. Decision: The tribunal, in its order dated 3rd February, 2021, upheld the CIT(A)'s decision regarding the levy of late fee u/s.234E for the AY 2017-18 & 2018-19. The appeals of the assessee were dismissed based on the precedents set by the Hon'ble ITAT Hyderabad and other tribunals, which established the applicability of late fees u/s.234E for TDS returns filed after 01/06/2015. The tribunal concurred with the CIT(A)'s interpretation of the statutory provisions and case laws, leading to the dismissal of the appeals.