9911796707
TMI Blog2024 (10) TMI 591X X X X Extracts X X X X X X X X Extracts X X X X ..... ] Section 234E of the Act is the substantive provision and its levy is not dependent on Section 200A(1)( c ) of the Act which only prescribes a recovery mechanism. A reading of Section 234E of the Act would make it clear that it gets attracted, the moment there is a failure on the part of a person to deliver the quarterly TDS statement within the time prescribed in sub-section (3) of section 200 or the proviso to sub-section (3) of section 206C of the Act. The person committing the above breach / infraction renders himself liable to pay by way of fee a sum of Rs. 200/- for everyday during which the failure continues. Sub-section (3) in fact provides for a self assessment / payment of the fee while delivering or causing to deliver a statemen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of any such provisions prevailing at the time of processing of TDS return, no late fees u/s 234E could be levied. 3. However, another decision of Hon ble Single judge of Hon ble High Court of Madras in the case of Conceria International (P.) Ltd. (157 Taxmann.com 335; dated 10-11-2023) has been brought on record which has taken a view against the assessee. 4. After going through both the orders, we find that the subsequent decision in the case of Conceria International (P.) Ltd. (157 Taxmann.com 335; dated 10-11-2023) has considered all the relevant contrary case laws holding the field. These include the decision of Hon ble High Court of Karnataka in the case of Fatheraj Singhvi vs. Union of India (73 Taxmann.com 252) and also the contrar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y itself creates a liability and the liability to pay the late fee is not dependent on section 200A(1)( c ) of the Act which only prescribes the recovery mechanism reflects the true intent and purpose of section 234E of the Act. Section 234E of the Act which provides for late fee is the substantive provision and the levy is not dependent on section 200A(1)( c ) of the Act which only prescribes a recovery mechanism. A reading of section 234E of the Act would make it clear that it gets attracted, the moment there is a failure on the part of a person to deliver or cause to be delivered a statement within the time prescribed in sub-section (3) of section 200 or the proviso to sub-section (3) of section 206C of the Act. The person committing the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erson to deliver the quarterly TDS statement within the time prescribed in sub-section (3) of section 200 or the proviso to sub-section (3) of section 206C of the Act. The person committing the above breach / infraction renders himself liable to pay by way of fee a sum of Rs. 200/- for everyday during which the failure continues. Sub-section (3) in fact provides for a self assessment / payment of the fee while delivering or causing to deliver a statement in accordance with sub-section (3) of section 200 or the proviso to sub4 section (3) of section 206C of the Act. Sub-section (4) to section 234E of the Act also makes it clear that the above provision would be effective from 01-07-2012. Therefore, the submission that 234E of the Act would n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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