Tribunal grants relief, cancels late filing fee for Assessment Year 2013-14

The Tribunal allowed the appeal against the late filing fee under section 234E for Assessment Year 2013-14. It held that the adjustment for the levy of fees under section 234E was beyond the scope of permissible adjustments under section 200A, making the levy unsustainable in law. The Tribunal relied on judicial precedents and statutory provisions to grant relief to the appellant, deleting the impugned levy of the fee under section 234E.

---

---

Issues Involved:
Appeal against late filing fee under section 234E for Assessment Year 2013-14.

Analysis:

Issue 1: Late Filing Fee under Section 234E
The appellant challenged the late filing fee of Rs. 46,400 levied by the DCIT, TDS, CPC, Ghaziabad under section 234E for the 3rd Quarter of AY 2013-14. The authorized representative cited a similar case before the Tribunal where a favorable decision was made for the assessee. The Tribunal referred to various High Court decisions and the provisions of section 234E, emphasizing that the fee for defaults in furnishing statements should not exceed the tax deductible or collectible amount. The Tribunal also discussed the provisions of section 200A and the subsequent amendment brought by the Finance Act 2015, allowing the computation of the fee in accordance with section 234E. The Tribunal concluded that the adjustment for the levy of fees under section 234E was beyond the scope of permissible adjustments under section 200A, and the levy was unsustainable in law. Consequently, the Tribunal upheld the grievance of the assessee and deleted the impugned levy of the fee under section 234E.

Issue 2: Judicial Precedents and Decision
The Tribunal considered the judicial precedent presented by the appellant and noted that no contradictory information was provided by the Revenue. The Tribunal, following the decision of a Coordinate Bench, allowed the appeal filed by the assessee and deleted the late fee charged under section 234E of the Act. The Tribunal, based on the similar reasoning and facts, did not concur with the findings of the CIT(A) and granted relief to the assessee by deleting the late filing fees.

In conclusion, the Tribunal allowed the appeal filed by the assessee against the levy of late filing fees under section 234E for the Assessment Year 2013-14. The Tribunal emphasized the limitations of permissible adjustments under section 200A and the inapplicability of the levy of fees under section 234E in the given circumstances. The decision was based on judicial precedents and statutory provisions, providing relief to the appellant against the impugned levy.

---