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TMI Blog2016 (3) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... ns For The Revenue : Shri D.V. Singh, DR ORDER This appeal has been filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)-IV, Surat dated 29.09.2014 for Assessment Year 2013-14, confirming the levy of late filing fee of ₹ 16,008/- levied by the DCIT, TDS, CPC, Ghaziabad u/s 234E of the Act for the 3rd Quarter of AY 2013-14 in respect of quarterly TDS statement. 2. Before me, the ld. Authorized Representative for the assessee filed a written submission dated 26.09.2015, wherein he pointed out that similar issue arose before the Tribunal in the case of Lions Club of North Surat Charitable Trust vs. ITO in ITA Nos. 3274 to 3276/Ahd/2014, wherein the Tribunal, following the decision ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing us from our adjudication on merits in respect of the issues in this appeal, and as, in our humble understanding, this appeal requires adjudication on a very short legal issue, within a narrow compass of material facts, we are proceeding to dispose of this appeal on merits. 5. We may produce, for ready reference, section 234E of the Act, which was inserted by the Finance Act 2012 and was brought into effect from 1st July 2012. This statutory provision is as follows: 234E. Fee for defaults in furnishing statements (1) Without prejudice to the provisions of the Act, where a person fails to deliver or cause to be delivered a statement within the time prescribed in sub-section (3) of section 200 or the proviso to subsection (3) of sect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tatement; or (ii) an incorrect claim, apparent from any information in the statement; (b) the interest, if any, shall be computed on the basis of the sums deductible as computed in the statement; (c) the sum payable by, or the amount of refund due to, the deductor shall be determined after adjustment of amount computed under clause (b) against any amount paid under section 200and section 201, and any amount paid otherwise by way of tax or interest; (d) an intimation shall be prepared or generated and sent to the deductor specifying the sum determined to be payable by, or the amount of refund due to, him under clause (c); and (e) the amount of refund due to the deductor in pursuance of the determination under clause (c) shall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ause (b) and clause (c) against any amount paid under section 200 or section 201 or section 234E and any amount paid otherwise by way of tax or interest or fee; (e) an intimation shall be prepared or generated and sent to the deductor specifying the sum determined to be payable by, or the amount of refund due to, him under clause (d); and (f) the amount of refund due to the deductor in pursuance of the determination under clause (d) shall be granted to the deductor. 8. In effect thus, post 1st June 2015, in the course of processing of a TDS statement and issuance of intimation under section 200A in respect thereof, an adjustment could also be made in respect of the fee, if any, shall be computed in accordance with the provisions o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntimation in the light of the scope of the section 200A. Learned CIT(A) has not done so. He has justified the levy of fees on the basis of the provisions of Section 234E. That is not the issue here. The issue is whether such a levy could be effected in the course of intimation under section 200A. The answer is clearly in negative. No other provision enabling a demand in respect of this levy has been pointed out to us and it is thus an admitted position that in the absence of the enabling provision under section 200A, no such levy could be effected. As intimation under section 200A, raising a demand or directing a refund to the tax deductor, can only be passed within one year from the end of the financial year within which the related TDS st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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