Case Law Details
Krishna Pandurang Kobnak Vs National Faceless Appeal Centre (ITAT Mumbai)
Conclusion: The ITAT allowed the appeals and have sustained that, the demand under Section 200A for computation and intimation for the payment of fee under Section 234E could not be made in purported exercise of power under Section 200A by the respondent for the period of the respective assessment year prior to 1.6.2015.
Facts: In present facts, three appeals were filed by the Assessee, on the issue against the levy of fee under Section 234E of the Income Tax Act, 1961.
The appeals were against the order of the CIT(A)-National Faceless Appeals Centre dismissing appeal wherein the Appellant/Assessee had called into question the correctness the levy of late fees under Section 234E of the Act by way of intimation issued under Section 200A of the Act on processing of Statement of Tax Deducted at Source of third quarter of Financial Year 2012-13 relevant to the Assessment Year 2013-14. The Appellant has raised the following grounds of appeal:
“1. Ground 1) The learned CIT(A) erred in confirming the levy of late Fees U/s 234-E at Rs. 40,000/- on TDS Statement 26Q for Quarter 3 (Oct 12-Dec 12) of A.Y. 2013-14 filed beyond due date on the basis of various court judgments in favour of the Revenue prior to 01/06/2015. It is prayed that the levy of late fees prior to 01/06/2015 be directed to be deleted”
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