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TMI Blog2022 (7) TMI 541X X X X Extracts X X X X X X X X Extracts X X X X ..... g Officer to make adjustment by levying fees u/s 234E of the Act with effect from 01.06.2015. In the case of Olari Little Flower Kuries (P.) Ltd. [ 2022 (2) TMI 1061 - KERALAHIGH COURT] has held that since provision of section 200A of the Act was amended to enable computation of fee payable u/s 234E of the Act at the time of processing of return and said amendment came into effect from 01.06.2015 (in view of CBDT Circular No.19 of 2015 dated 17.11.2015) intimations issued u/s 200A of the Act dealing with fee for belated filing of TDS returns for the period prior to 01.06.2015 were invalid and were to be set aside. Therefore, the levy of late fee for financial years 2012-13 and 2013-2014 cannot be sustained in order passed u/s 200A of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct that the assessee is a Nationalised Bank and the notices were sent to a different address was not considered while rejecting the Condonation application. 3) The NFAC has not considered the jurisdictional Kerala High Court decision in WP.C No.30229 of 2013 in the case of Sree Narayana Guru Samraka Sangam Upper Primary School and various other decisions of High Courts which stated that the charging section 234E can be invoked only from 01/06/2015. Hence the penalty imposed for the AY 2013-14 is legally not correct as is against the verdict of the Honorable High Court of Kerala as well as various other High Courts. The Order of the NFAC has stated that 'We are unable to concur with the court decision is prima facie going against ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icer cannot make any adjustment other than one prescribed in section 200A of the Income Tax Act, 1961 (hereinafter the Act). Prior to 01.06.2015, there was no enabling provision in section 200A of the Act for making adjustment in respect of statement filed by the assessee with regard to tax deducted at source by levying fees u/s 234E of the Act. The Parliament for the first time enabled the Assessing Officer to make adjustment by levying fees u/s 234E of the Act with effect from 01.06.2015. The Hon ble jurisdictional High Court in the case of Olari Little Flower Kuries (P.) Ltd. v. Union of India reported in (2022) 440 ITR 26 (Ker.), has held that since provision of section 200A of the Act was amended to enable computation of fee payable u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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