2019 (5) TMI 626

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..... te fee under Section 234E - HELD THAT:- As considered the arguments of both the sides and perused the material placed before us. We entirely agree with the contention of the learned DR that it is a debatable issue because there are contrary decisions one by Hon ble Gujarat High Court in the case of Rajesh Kourani [ 2017 (7) TMI 458 - GUJARAT HIGH COURT] in favour of the Revenue and the other ca .....

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..... arned CIT(A)-41, New Delhi dated 21st July, 2017. 2. In all these appeals, common grounds have been raised. Therefore, we reproduce herein below grounds raised for assessment year 2013-14in ITA No.5463/Del/2017 :- 1. (a) That the authorities below were not justified to reject application u/s 154/155 of the Income Tax Act for wrong levy of late fee u/s .....

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..... l for the assessee argued at length and he stated that the issue is squarely covered by the decision of ITAT, Delhi Bench in the case of J.D. Motor Finance Ltd. vide ITA No.2822/Del/2016. In this case, the ITAT held that the enabling provision under Section 200A of the Act for levy of penalty under Section 234E came into effect from 1st June, 2015 and therefore, the penalty cannot be levied for th .....

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..... 017) 83 taxmann.com 137 have held that Section 200A is a machinery provision providing mechanism for processing of statement of deduction of tax at source and for making adjustment. On the other hand, Section 234E is a charging provision creating charge for levy of fee for certain defaults in filing statements. Therefore, the late fee under Section 234E can be levied even for the pe .....

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..... ourani (supra) in favour of the Revenue and the other of Hon ble Karnataka High Court in the case of Fatheraj Singhvi (supra) in favour of the assessee. It is a settled law that a debatable issue cannot be rectified under Section 154 of the Act. In view of the above, we uphold the order of learned CIT(A) and dismiss the appeals filed by the assessee. 6. In the result, all the appeal .....

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