9911796707
TMI Blog2024 (12) TMI 460X X X X Extracts X X X X X X X X Extracts X X X X ..... all these appeals, therefore, these appeals were heard together and are being disposed of by this common order for the sake of brevity and convenience. 2. First we take ITA.No.2049/PUN./2024 as the "lead" case. 2.1. Facts of the case, in brief, the assessee is a Private Limited Company and it had filled it's TDS quarterly statement of quarter 3 in Form-26Q for assessment year 2013-2014 with some delay. The learned Dy. Director of Income-tax, Centralized Processing Cell-TDS, Vaishali, Ghaziabad imposed late fee U/S 234E of the Income Tax, Act, 1961 [in short "the Act"] of Rs. 23,800/- for failure of the assessee to file the quarterly returns of T.D.S. within the prescribed time and charged interest u/s. 220(2) of the Act amounting to Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no interest u/sec.234E can be imposed for the periods prior to 01.06.2015. 4. However, the Ld. CIT(A) was not satisfied with the arguments advanced by the assessee. He observed that the fee for charging for default in timely furnishing of the TDS statements has already existed in the form of section 234E of the Act since July 01, 2012. It's only that the raising of the demand for late fee was also incorporated in the intimation under section 200A of the Act with effect from June 01, 2015. He observed that the section was inserted by Finance Act, 2012 with the legislative intent of levying fees for default in furnishing TDS statement in time. Therefore, as per the statutory provisions inserted by Finance Act-2012, payment of late fee f ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... E and hence, the levy of late fee in respect of the TDS statement filed in the instant case for Quarter 3 of FY 2012- 13 i.e., AY 2013-14 was not justified in the intimation passed u/s 200A of the Act. 3. On the facts and in the circumstances of the case and in law and without prejudice to any other grounds, it is submitted that the TDS had been duly deposited within the stipulated time and there was a reasonable cause on the part of the appellant which resulted into delay in filing the TDS statement and therefore, the levy of late fee would result into genuine hardship to the Appellant and hence, the same may please be deleted. B. GROUNDS CHALLENGING LEVY OF INTEREST U/S 220(2): 4. On the facts and in the circumstances of the case an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 015-16 1 24Q 5,500 5,830 11,330 8 2056/PUN/2024 2014-15 2015-16 2 24Q 16,500 17,490 33,990 9 2057/PUN/2024 2014-15 2015-16 3 24Q 27,800 29,468 57,268 10 2058/PUN/2024 2014-15 2015-16 4 24Q 4,800 5,088 9,888 11 2059/PUN/2024 2014-15 2015-16 1 26Q 25,041 26,500 51,451 12 2060/PUN/2024 2014-15 2015-16 2 26Q 46,000 48,760 94,760 13 2061/PUN/2024 2014-15 2015-16 3 26Q 27,800 28,999 56,799 14 2062/PUN/2024 2014-15 2015-16 4 26Q 3,800 4,028 7,828 7.1. Learned Counsel for the Assessee submitted that in all these 14 appeals, the period for late fee is prior to 01.06.2015. Referring to a series of decisions, he submitted that no interest u/sec.234E can be imposed for the period prio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ITA.Nos.950 to 955/ PUN./2022 dated 14.02.2023, has held that no late fee u/sec.234E can be imposed for the periods prior to 01.06.2015. The relevant observations of the Tribunal in para nos.5 and 6 are as under : "5. We have heard the rival submissions and gone through the relevant material on record. It is seen that fee u/s. 234E has been imposed by the AO for belated filing of the relevant statements. The assessment years involved in these 5 appeals are 2013-14 and 2014-15, which shows that the fee u/s. 234E has been imposed for the delay in furnishing the statements for quarters prior to 01-06-2015. 6. Section 200A deals with processing of statements of tax deducted at source. Clause (c) of section 200A(1) was inserted by the Finan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the levy of fees u/s 234E for delay in furnishing statement has been brought into statute we.f. 1 July, 2012, the enabling provision of section 200A(1)(c) authorising such levy came into force w.e.f. 1" June, 2015 by Finance Act, 2015, consequently the fees levied for any default prior thereto being sine auctoritate hence unsustainable in the eyes of law. This position finds fortified by the Hon'ble High Court of Karnataka in Fatheraj Singhvi & Ors Vs UOI reported in 289 CTR 602 & Sree Ayyappa Educational Charitable Trust & Anr. Vs. DCIT (WP- 618/2015). Followed by Hon'ble Kerala High Court in 'Olari Little Flower Kuries Pvt. Ltd. Vs UOI (WA- 600/2017), by co-ordinate benches in 'Medical Superintendent Rural Hospital Vs DCI ..... X X X X Extracts X X X X X X X X Extracts X X X X
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