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TMI Blog2022 (8) TMI 439X X X X Extracts X X X X X X X X Extracts X X X X ..... g the Hon'ble Karnataka High Court and Hon'ble Kerala High Court have held that the provisions of Section 234E are applicable w.e.f. 01.06.2015. See SRI. FATHERAJ SINGHVI AND OTHERS VERSUS UNION OF INDIA AND OTHERS [ 2016 (9) TMI 964 - KARNATAKA HIGH COURT] - Also see M/S. UNITED METALS VERSUS THE INCOME TAX OFFICER (TDS) KOCHI (2) , ERNAKULAM, THE UNION OF INDIA, NEW DELHI [ 2021 (12) TMI 1349 - KERALA HIGH COURT] - Decided in favour of assessee. - ITA No.121 to 125/Lkw/2022 - - - Dated:- 26-7-2022 - Shri A.D. Jain, Vice President And Shri T. S. Kapoor, Accountant Member For the Appellant : Shri Shubham Rastogi, CA For the Respondent : Shri Harish Gidwani, DR ORDER PER BENCH: This is a group of five ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that admittedly the year involved in these appeals is Assessment Year 2014-15 whereas the effect of charging late fee u/s. 234E came into existence w.e.f. 01.06.2015 and in this respect our attention was invited to various orders of various High Courts and on an order of Lucknow Bench of the Tribunal wherein it has been held that the late fee imposed u/s. 234E is applicable w.e.f. 01.06.2015. The ld. AR, therefore, argued that following the case laws relied on by the assessee the appeals may be allowed and reliance in this respect was placed on the following case laws: 1. Hon'ble Karnataka High Court in Fatheraj Singhvi Vs. Union of India reported in 73 Taxmann.com 252 / 289 CTR 602. 2. Hon'ble Kerala High Court in the cas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... #39;ble Karnataka High Court in the case of Fatheraj Singhvi Vs. Union of India (Supra) are in Para 21 to 23 and 26 are reproduced for the sake of completeness: 21. However, if Section 234E providing for fee was brought on the state book, keeping in view the aforesaid purpose and the intention then, the other mechanism provided for computation of fee and failure for payment of fee under Section 200A which has been brought about with effect from 1.6.2015 cannot be said as only by way of a regulatory mode or a regulatory mechanism but it can rather be termed as conferring substantive power upon the authority. It is true that, a regulatory mechanism by insertion of any provision made in the statute book, may have a retroactive character ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in character and not prospective. 22. It is hardly required to be stated that, as per the well established principles of interpretation of statute, unless it is expressly provided or impliedly demonstrated, any provision of statute is to be read as having prospective effect and not retrospective effect. Under the circumstances, we find that substitution made by clause (c) to (f) of sub-section (1) of Section 200A can be read as having prospective effect and not having retroactive character or effect. Resultantly, the demand under Section 200A for computation and intimation for the payment of fee under Section 234E could not be made in purported exercise of power under Section 200A by the respondent for the period of the respective ass ..... X X X X Extracts X X X X X X X X Extracts X X X X
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