9911796707
TMI Blog2021 (4) TMI 330X X X X Extracts X X X X X X X X Extracts X X X X ..... prejudice to one another:- 1. On the facts and circumstances of the case, the Learned Commissioner of Income Tax (Appeal) erred in confirming the penalty imposed by the learned Income Tax Officer (TDS) u/s 234E in respect of Q-1, 2, 3 & 4 of AY 2015-16, without appreciating that the same is bad in law since there were no enabling provisions available to the Income Tax Officer (TDS) to determine such Late fee for filing the TDS Returns under the law. Quarter Type of Return Amount of penalty imposed Q1 26Q Rs. 98,600 Q2 26Q Rs. 50,000 Q3 26Q Rs. 61,800 Q4 26Q Rs. 37,800 2. On the facts and circumstances of the case, the Learned Commissioner of Income Tax (Appeal) erred in confirming the interest on late paym ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0 Q4 26Q Rs. 37,800 4. The Assessing Officer has also levied interest on the aforesaid penalty which are as follows:- Quarter Type of Return Amount of penalty imposed Q1 - Rs. 33,412 Q2 Rs. 864 Rs. 900 Q3 Rs. 20,047 - Q4 Rs. 13,365 - 5. The assessee contested the aforesaid penalty as well interest thereon before the first appellate authority, however, the learned Commissioner (Appeals) confirmed with the view expressed by the Assessing Officer and observed that no doubt, the penalty pertains to the period prior to 1st June 2015, but the assessee had filed the quarterly return belatedly on 20th November 2015, Therefore, provisions of section 234E of the Act is applicable. Being aggrieved, the assessee f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ince the issue raised in the present case is squarely covered by the aforesaid ratio laid down by the Co-ordinate Tribunal, Mumbai Bench, respectfully following the same, we hold that the authorities below were not justified in levying penalty and the interest thereon. Since the default committed by the assessee is prior to 1st June 2015, the Assessing Officer is not empowered to charge fees under section 234E of the Act by way of intimation issued under section 200A of the Act. Consequently, we set aside the impugned order passed by the learned Commissioner (Appeals) and direct the Assessing Officer to delete the penalty and interest thereon and re-compute the TDS return as per law. Thus, grounds raised by the assessee are allowed. 9. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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