Case Law Details
Mhetre packaging Pvt. Ltd. Vs ACIT (ITAT Pune)
It is observed that fees for default in furnishing the statements has been imposed on the assessee u/s.234E of the Act for the 2nd and 3rd quarters of the financial year 2012-13. Section 200A deals with processing of statements of tax deducted at source. Clause (c) of section 200A(1) was inserted by the Finance Act 2015 w.e.f. 01-06-2015 providing for the levy of fee u/s.234E of the Act. In that view of the matter, such fee u/s.234E can be levied only for the default committed after 01-06-2015 and not prior to that.
FULL TEXT OF THE ORDER OF ITAT PUNE
These two appeals by the assessee are directed against the common order dated 10-12-2019 passed by the ld. CIT(A)-10 upholding the charging of interest u/s.234E in respect of Quarter Nos. 2 and 3 of the assessment year 2013-14.
2. Having heard the rival submissions and gone through the relevant material on record, it is observed that fees for default in furnishing the statements has been imposed on the assessee u/s.234E of the Act for the 2nd and 3rd quarters of the financial year 2012-13. Section 200A deals with processing of statements of tax deducted at source. Clause (c) of section 200A(1) was inserted by the Finance Act 2015 w.e.f. 01-06-2015 providing for the levy of fee u/s.234E of the Act. In that view of the matter, such fee u/s.234E can be levied only for the default committed after 01-06-2015 and not prior to that. The Hon’ble Kerala High Court in Olari Little Flower Kuries Pvt. Ltd. Vs. Union of India and others (2022) 440 ITR 26 (Kerala) has affirmed the non-imposition of fee for the period prior to 01-06-2015. As the period covered in the appeals is of financial year 2012-13, we hold that the ld. CIT(A) was not justified in upholding the levy of fee u/s.234E of the Act. The impugned order is set-aside.
3. In the result, both the appeals are allowed.
Order pronounced in the Open Court on 07th June, 2022.
