Case Law Details
Ajvin Infotech Pvt Ltd Vs DCIT (ITAT Delhi)
In the given case, two separate appeals by the same assessee are preferred against the common order of the CIT(A) pertaining to second quarter of F.Y. 2013-14 and third quarter of F.Y. 2013-14 .
The issue under consideration is whether penalty u/s 234E will be levied after filing of TDS return or not?
The assessee is having the intention that as per the provisions of Sec. 234E made applicable w.e.f. 1st July, 2012 states that “Amount of late fee shall be paid before delivering a TDS statement”. Thus, it means that any late fee should have been deposited just at the time of delivering TDS statement and not later than this. The authorized TIN-NSDL centre which accepted the TDS statement also accepted these without late fee, as well as the software utility of the TDS department itself accepted these without late fee. Once the TDS statement has been accepted without late fee, then such late fee cannot be recovered later on. TDS statement late fee cannot be recovered for F.Y. 2013-14, as it is not collected at the time of delivering TDS statement to the department.
But as per Finance Act, 2015, attention is drawn to your good self that with effect from 01.06.2015, the Parliament by way of amendment to Section 200A of the Act empowered the Assessing Officer to levy fee under Section 234E of the Act while processing under Section 200A of the Act.
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