Case Law Details
Dinesh Infrastructure Pvt. Ltd. Vs DCIT (ITAT Jodhpur)
ITAT Jodhpur held that levy of late fees under section 234E of the Income Tax Act is effective only from 01.06.2015. Accordingly, levy of late fees for F.Y. 2012-2013 is unsustainable in law.
Facts- The assessee has filed TDS return for the fourth quarter (Q4) 26Q of Financial year 2012-13. The return was processed by TDS, Centralized Processing Cell on 23.12.2013, late filing fee amounting to Rs. 38,200/- was levied. The assessee requested for rectification of order u/s 200A. The AO passed an order of correction on 10.12.2017. Again the assessee applied for rectification u/s 154 for which the AO passed the order on 13.06.2019 without giving any relief as requested by the assessee. The count of correction statements processed for this quarter as per intimation u/s 154 of the I.T. Act dated 13.06.2019.
CIT(A) dismissed the appeal. Being aggrieved, the present appeal is filed.
Conclusion- The dispute in this appeal is for F.Y. 2012-13 the power to levy the said late fees u/s 234E of the I. T. Act has is came into effect from 01.06.2015. Therefore, it is prospective in nature. In the light of this facts when the levy was not supported by the law the demand is raised is not in accordance with the law.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
Author Bio
