9911796707
TMI Blog2015 (9) TMI 1428X X X X Extracts X X X X X X X X Extracts X X X X ..... hin one year from the end of the financial year within which the related TDS statement is filed and that time has already elapsed and the defect is thus not curable even at this stage. In view of these discussions, as also bearing in mind entirety of the case, the impugned levy of fees under section 234E is unsustainable in law. We, therefore, delete the impugned levy of fee under section 234E of the Act. - Decided in favour of assessee. - I.T. A. NO.100/AHD/2015 - - - Dated:- 29-9-2015 - SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER AND S.S. GODARA JUDICIAL MEMBER For the Appellant : Shri Rasesh Shah, A.R. For the Respondent : Smt.Anita Hardasani,Sr.D.R. O R D E R PER S.S. GODARA JUDICIAL MEMBER: This assessee s appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vered a statement in accordance with sub-section (3)of section 200 or the proviso to sub-section (3) of section 206C. (4) The provisions of this section shall apply to a statement referred to in sub-section (3) of section 200 or the proviso to sub-section (3) of section 206C which is to be delivered or caused to be delivered for tax deducted at source or tax collected at source, as the case may be, on or after the 1st day of July,2012. 6. We may also reproduce the section 200A which was inserted by the Finance Act,2009 with effect from 1st April,2010.This statutory provision, as it stood at the relevant point of time, was as follows: 200A: Processing of statements of tax deducted at source. (1) Where a statement of tax deduction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (i) of an item, which is inconsistent with another entry of the same or some other item in such statement; (ii) in respect of rate of deduction of tax at source, where such rate is not in accordance with the provisions of this Act; (2) For the purposes of processing of statement under sub-section (1), the Board may make a scheme for centralized processing of statements of tax deducted at source to expeditiously determine the tax payable by, or the refund due to, the deductor as required under the said sub-section. 7. By way of Finance Act,2015, and with effect from 1st June,2015, there is an amendment in Section 200A and this amendment, as stated in the Finance Act,2015, is as follows: In section 200A of the Income-tax Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mited mandate of Section 200A, which, at the relevant point of time, permitted computation of amount recoverable from or payable to, the tax deductor after making the following adjustments: (a). after making adjustment on account of arithmetical errors and incorrect claims apparent from any information in the statement - Section 200A(1)(a) (b) after making adjustment for interest, if any computed on the basis of sums deductible as computed in the statement . -Section 200A(1)(b) 9. No other adjustments in the amount refundable to, or recoverable from, the tax deductor, were permissible in accordance with the law as it existed at tat pint of time. 10. In view of the above discussions, in our considered view, the adjustm ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
