Late Fee for TDS Default u/s 234 E of Income Tax Act Post 01-06-2015 Valid: ITAT [Read Order]
![Late Fee for TDS Default u/s 234 E of Income Tax Act Post 01-06-2015 Valid: ITAT [Read Order]](https://www.taxscan.in/wp-content/uploads/2022/11/TDS-Income-Tax-Act-ITAT-TAXSCAN.jpg "Late Fee for TDS Default u/s 234 E of Income Tax Act Post 01-06-2015 Valid: ITAT [Read Order]")
The Income Tax Appellate Tribunal, ( ITAT ) Pune Bench, has recently, in an appeal filed before it, held the levy of late fee for TDS default u/s 234E of Income Tax Act, post 01-06-2015, to be valid. The aforesaid observation was made by the Income Tax Tribunal when an appeal was preferred before it by the assesseeM/s. Indiasoft Technologies Pvt. Ltd., as against the order of the...
The Income Tax Appellate Tribunal, ( ITAT ) Pune Bench, has recently, in an appeal filed before it, held the levy of late fee for TDS default u/s 234E of Income Tax Act, post 01-06-2015, to be valid.
The aforesaid observation was made by the Income Tax Tribunal when an appeal was preferred before it by the assesseeM/s. Indiasoft Technologies Pvt. Ltd., as against the order of the National Faceless Appeal Centre (NFAC), Delhi, dated 10-08-2021 for A.Y. 2016-17.
The grounds of the assessee’s appeal being the question as to whether on the facts and in the circumstances of the case and in law,the order pertaining to the period falling prior to 01-06-2015 i.e. before insertion of cl. (c) in sec. 200A of the Income Tax Act, from when statutory sanction for the collection of late fees was granted, is valid, the ITAT Bench consisting of Inturi Rama Rao, the Accountant Member and ParthaSarathiChaudhury, the Judicial Member observed as follows:
“It is settled legal position that such power to the Department was not there for levying such late fee u/s 234E prior to 01-06-2015. Admittedly the assessment year involved in this case is 2016-17. Perusal of intimation u/s 154 read with section 200A dt. 05-11-2019 issued by TDS-CPC shows that the assessee’s original TDS return filed in form 26Q for Q1 of F.Y. 2015-16 relevant to A.Y. 2016-17 was processed and intimation u/s 200A was issued on 25-04-2016 itself.”
Thus, dismissing the assessee’s appeal, the ITAT Bench ruled:
“Therefore the incidence of charging late fees u/s 234E of the Act initiated by the Department is post 01-06-2015. In view of this, the NFAC was justified in confirming the order of the A.O in levying the late fees u/s 234E of the Act. We therefore, do not find any reason to interfere with the order of the NFAC and the same is upheld”.
To Read the full text of the Order CLICK HERE
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