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Amendment in Section 200A dated 01.06.2015 are prospective
Case Law Details
- Case Name
- Keshav Industries Pvt. Ltd. Vs. ITO-TDS (ITAT Indore)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2013-14 (Q-4)
- Courts
- All ITAT, ITAT Indore
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Keshav Industries Pvt. Ltd. Vs ITO-TDS (ITAT Indore)
Amendment dated 01.06.2015 in Section 200A of the Income Tax Act, 1961 is prospective in nature and cannot be applied retrospectively to previous TDS instances
The ITAT Indore in Rajendra Prasad Tiwari (through Aakash Tiwari) Vs. Income Tax Department, had on 14/07/2020 brought a landmark finding on retrospective operation of amendments in Section 200A.
It held that the Department was not justified in retrospectively levying the late fees u/s 234E of the Act while processing the statement of tax...
Author Info
Ratio decidendi- “fee u/s 234E of the Act was levied in the statements processed u/s 200A of the Act before 01.06.2015 i.e. before the amendment brought into effect from 01.06.2015 in section 200A of the Act thereby enabling the revenue authorities to raise demand in respect of levy of fees u/s 234E of the Act, Ld. CIT(A) erred in confirming the levy of late fees u/s 234E of the Act by the assessing officer.”