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ITAT Chennai held that late filing fees under Section 234E could not be levied through TDS processing for periods prior to 01.06.2015, as the enabling provision under Section 200A was introduced only prospectively.
The tribunal held that no late fee under Section 234E can be imposed for periods prior to 1 June 2015 due to absence of enabling provisions in Section 200A. The levy was deleted following consistent judicial precedents.
The issue involved levy of late fees on TDS returns processed before statutory amendment. The Tribunal held that absence of enabling provision made such levy invalid and unsustainable.
ITAT Hyderabad held that the Supreme Court’s COVID-19 limitation extensions apply only to judicial and quasi-judicial proceedings and not to statutory deadlines like filing TDS statements. Consequently, the levy of late filing fee under section 234E was upheld for delayed TDS returns.
The ITAT Raipur held that prior to 1 June 2015, there was no enabling provision under Section 200A to levy late filing fees under Section 234E while processing TDS returns. The Tribunal ruled the demand for A.Y. 2013-14 unsustainable and deleted the levy.
The Tribunal ruled that failure to examine whether payees discharged tax liability vitiates proceedings under Section 201. The case was sent back to the AO to verify compliance and re-decide the issue.
The Tribunal ruled that section 234E fee cannot be imposed for periods before 01.06.2015. In absence of jurisdictional High Court ruling, the interpretation favourable to the assessee was adopted.
The issue was whether a deductor can be treated as in default for non-deposit of TDS when the payee has already paid tax on the income. ITAT held that no demand under Section 201(1) survives once the payee’s tax payment is established.
The case dealt with a TDS return processed in March 2015 where late fee was levied. The Tribunal held such levy to be without jurisdiction under the law then in force.
The issue was whether late fee could be levied for delayed TDS returns filed before 01.06.2015. The Tribunal held that section 234E is prospective. Late fee demands for earlier years were deleted.
