No late fee u/s 234E leviable for revision of TDS return after the due date

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No late fee u/s 234E leviable for revision of TDS return after the due date

No late fee u/s 234E leviable for revision of TDS return after the due date

 

JASBIR SINGH ANAND vs. ASSISTANT COMMISSIONER OF INCOME TAX

(2019) 55 CCH 0230 ChdTrib

When assessee furnished the statement immediately after depositing all the tax without any delay, no fee was leviable to the assessee u/s 234E in violation of section 200(3).

Summary of the case: 

TDS Fee for default in furnishing quarterly TDS/TCS return Assessee had applied for and was allotted an Industrial Land by HSIIDC in Industrial Estate, Manakpur, Jagadhari He paid a sum of Rs. 32,40,000/- to HSIIDC after allotment of land However, during assessment, AO was of opinion that assessee was required to deduct TDS @ 1% from such payment and was required to deposit same with Central Government However, assessee contended that he was not aware of amended provisions which came into force from June 01, 2013 and as such did not comply samem nHe also contended that during course of audit of accounts, discrepancy was apprised to assessee who immediately deposited amount of Rs. 32,400/- alongwith interest due thereon amounting to Rs. 6,804/- when relevant Form No. 26QB was uploaded mHowever, AO issued an intimation u/s 200A to deductor, being late filing fee u/s 234E and a demand of Rs. 32,400/-, Rs. 18,690/- and Rs. 16,990/- for the F.Y. 2013-14, 2013-14 and 2014-15 respectively were raised On appeal, CIT(A) upheld decision of AO Held, on a similar issue ITAT Delhi Bench ‘E’ in case of GNA Udyog Ltd. Vs. Asst. CIT, CPC, TDS Ghaziabad had held that “fees levied u/s 234E prior to 01.06.2015 in intimations made u/s 200A was without authority of law, and as such fees therein levied was liable to be deleted In case of Meghna Gupta Vs. Asst. CIT, CPC-TDS, Ghaziabad, it was also held that “no fee was leviable to assessee u/s 234E in violation of s. 200(3), because assessee had furnished statement immediately after depositing all tax without any delay Following said orders, demands raised by AO for late filing fee u/s 234E for years under consideration were deleted Assessee’s appeal allowed.

JASBIR SINGH ANAND vs. ASSISTANT COMMISSIONER OF INCOME TAX

(2019) 55 CCH 0230 ChdTrib