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Income Tax - Highlights / Catch Notes

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Levy of late filing fee u/s. 234E - Due to certain technical ...


Technical Error in Filing: Buyer Exempt from Late Fee u/s 234E Due to PAN Mix-Up in TDS Payment.

April 29, 2022

Case Laws     Income Tax     AT

Levy of late filing fee u/s. 234E - Due to certain technical error committed (incorrect interchanging of PAN numbers of buyer and seller in online filing of Statement 26QB), the seller could not get credit of TDS and later, on the advise of Revenue authorities again the buyer (the assessee) paid the TDS again amount along-with interest for late deposit. - Once the assessee has initially deposited TDS and furnished Statement in Form 26QB within time, but committed a technical error while depositing TDS resulting in non-grant of TDS to transferor, compelling it to again deposit TDS along-with interest for late deposit, then, in the interests of justice and considering the fact that no loss is caused to the Revenue, the assessee cannot be saddled with levy of late filing fee u/s 234E of the Act, taking a judicious view of the matter. - AT

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