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TMI Blog2016 (4) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... ile TDS return in time i.e. with regard to quarter-4 F.Y.2012-13. The stand of the assessee was that it failed to deduct TDS and deposit that amount in Government Treasury, therefore, it could not file the return. The assessee further contended that it has deducted the tax in the month of September, 2013 and within a few days, deposited the tax and submitted the return. The assessee has paid interest for late deduction of the tax and the payment. According to the assessee, once it has not deducted the tax then it could not file any statement, the ld.AO-TDS-CPC has charged a fee of Rs. 30,600/- under section 234E of the Act. The appeal to the ld.CIT(A) did not bring any relief. 4. On due consideration of the facts and circumstances, we are ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al 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 section 206C, he shall be liable to pay, by way of fee, a sum of two hundred rupees for every day during which the failure continues. (2) The amount of fee referred to in sub-section (1) shall not exceed the amount of tax deductible or collectible, as the case m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , the deductor shall be determined after adjustment of amount computed under clause (b) against any amount paid under section 200 and 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 be granted to the deductor: Provided that no intimation under this sub-section shall be sent after the expiry of one year from the end of the financial year in which the statement is filed. Explanation : For the purposes of this sub-section, "an incorrect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... termined 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 of section 234E". There is no dispute that what is impugned in appeal before us is the intimation under section 200A of the Act, as stated in so many words in the impugned intimation itself, and, as the law stood, prior to 1st June 2015, there was no enabling ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... imation 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 statement is filed, and as the related TDS statement was filed on 19th February 2014, such a levy could only have been made at best within 31st March 2015. That time has already elapsed and the defect is thus not curable even at this stage. In view of these discussions, a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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