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TMI Blog2024 (8) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... 015, only prospectively and not prior to that. Therefore, the power to the Department u/s. 234E is provided from F.Y.2015-2016 relevant from Assessment Year 2016-2017. Having said that if TDS statements are filed after 01.06.2015 then the Revenue Authorities shall exercise the power to levy late fees u/s. 234E of the Act for default in furnishing the said TDS statements. Resultantly, the late fee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2017 onwards and during the said time the Department did not had the power to impose the late fees as per the stated provisions of the Act. Such an act of the Department is held to be arbitrary, unlawful, void ab initio. AO is directed to delete the additions/late fee charges from the hands of assessee. - Shri Partha Sarathi Chaudhury, JM For the Assessee : Shri B. Jha, Advocate with Shri P.M. J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o 01.06.2015. The provisions of Section 234E of the Act were inserted w.e.f. 01.07.2012. Now, it is also observed on perusal of Section 200(3) r.w.s. 206C(3) proviso that when the assessee has deducted TDS, he has to deposit the amount in the Government account and after doing that he has to furnish the TDS statement before the income tax authorities within the prescribed time limit. If there is l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m F.Y.2015-2016 relevant from Assessment Year 2016-2017. Having said that if TDS statements are filed after 01.06.2015 then the Revenue Authorities shall exercise the power to levy late fees u/s. 234E of the Act for default in furnishing the said TDS statements. Resultantly, the late fee u/s. 234E of the Act can be levied only prospectively i.e. w.e.f. 01.06.2015 as held by the Hon'ble Karnata ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d during the said time the Department did not had the power to impose the late fees as per the stated provisions of the Act. Such an act of the Department is held to be arbitrary, unlawful, void ab initio. The AO is directed to delete the additions/late fee charges from the hands of the aforestated assessees. All the aforestated appeals stands allowed. 6. In the result, all the appeals of the asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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