2025 (8) TMI 1089 - AT - Income Tax

Late filing fee under s.234E upheld for delayed TDS statements filed after due date under s.200(3) and s.200A(1)(c)

Ashwin Suresh Chandak Versus Income Tax Officer Ward-51 (1), Nagpur

ITAT, Nagpur affirmed that levy of late filing fee under section 234E for delayed TDS statements is consequential and mandatory where statements were ... Levy of late filing penalty u/s 234E - assessee failed to deliver various TDS statements within the time limit specified in sub-section (3) of section 200 - HELD THAT:- Although the levy of fees under section 234E for delay in furnishing statement has been brought into statute w.e.f. 1st July, 2012, the enabling provision of section 200A(1)(c) authorising such levy came into force w.e.f. 1st June, 2015 by Finance Act, 2015. In the present case, when the assessee filed the TDS statements beyond the due date, such levy of late fee by the AO is consequential and mandatory. In my considered opinion, the CIT(A) was indeed justified in upholding the order passed by the AO levying late fee, hence, decline to delete the levy of late fee. Appeal filed by the assessee is dismissed. ISSUES PRESENTED AND CONSIDERED 1. Whether the levy of late filing fee under section 234E of the Income Tax Act is mandatory where a person required to furnish TDS/TCS statements under section 200(3) files those statements after the prescribed due date. 2. Whether the levy of late filing fee under section 234E can be avoided or mitigated on the basis of lack of mens rea, bona fide delay, or other extenuating circumstances. 3. Whether the Assessing Officer's imposition of fee under section 234E, as applied by order under section 200A read with section 234E, was liable to be set aside by the first appellate authority. ISSUE-WISE DETAILED ANALYSIS Issue 1: Mandatory nature of levy under section 234E where statements under section 200(3) are filed late Legal framework: Chapter XVII requires persons liable to deduct tax at source to furnish statements as prescribed by section 200(3). Section 234E prescribes levy of a fee for delay in furnishing such statements. Section 200A(1)(c) is an enabling provision authorising action under section 234E in the assessment/processing context; section 234E was inserted with effect from 1 July 2012 and section 200A(1)(c) came into force w.e.f. 1 June 2015 by Finance Act, 2015. Precedent Treatment: The impugned judgment does not rely on or distinguish any specific judicial precedents; the reasoning is founded on statutory text and temporal operation of the provisions. Interpretation and reasoning: The Court interprets section 234E as a statutory, mandatory levy triggered by failure to furnish TDS/TCS statements within the time prescribed by section 200(3). The Tribunal reasons that once statements are filed beyond due dates, the Assessing Officer is obliged to levy the late filing fee under section 234E; the levy is characterised as consequential on the late filing and not discretionary. Ratio vs. Obiter: Ratio - The statutory scheme makes the levy under section 234E mandatory upon delayed filing of statements required under section 200(3); the Assessing Officer's levy pursuant to section 200A read with section 234E is legally sustainable. Obiter - historical note on enactment dates of section 234E and section 200A(1)(c). Conclusion: The Tribunal affirms that section 234E imposes a mandatory fee for late filing of TDS/TCS statements; therefore the levy in the facts was justified and correctly imposed. Issue 2: Relevance of intentionality, bona fide delay, or extenuating circumstances in levy under section 234E Legal framework: Section 234E prescribes a fee for delay; statutory text contains no exception permitting avoidance based on absence of intent or presence of mitigating circumstances. Precedent Treatment: No particular authorities overruling or qualifying the mandatory character of section 234E are invoked in the judgment; the Tribunal treats the statutory mandate as determinative. Interpretation and reasoning: The Tribunal finds that arguments concerning intention, bona fides, or extenuating circumstances are not relevant to the question of liability under section 234E because the provision operates by reference to temporal compliance, not subjective culpability. The learned CIT(A)'s conclusion that such considerations are 'not relevant criteria' for levy under section 234E is endorsed. Ratio vs. Obiter: Ratio - Subjective lack of intent or extenuating circumstances does not negate the statutory liability to the late filing fee under section 234E. Obiter - none additional. Conclusion: The Court holds that pleas of inadvertence or other mitigating facts do not relieve a person of the mandatory fee under section 234E where filing is beyond the statutory due date. Issue 3: Validity of imposition of fee by Assessing Officer under section 200A read with section 234E and correctness of appellate confirmation Legal framework: Section 200A operates to provide machinery for processing/determining defaults under Chapter XVII and read with section 234E permits assessment/processing action resulting in levy of the prescribed fee. Precedent Treatment: The Tribunal does not identify contrary precedents invalidating the exercise of power under section 200A read with section 234E and treats the authorities' orders as conforming to statutory scheme. Interpretation and reasoning: The Tribunal reviews the Assessing Officer's action and the CIT(A)'s reasoning, finding that the orders were passed in accordance with the statutory provisions. Given the mandatory nature of section 234E and the enabling effect of section 200A(1)(c), the exercise of authority to levy the fee was lawful and not vitiated by procedural or legal error identified on the record. Ratio vs. Obiter: Ratio - An order imposing the late fee under section 234E as effected through proceedings under section 200A is legally sustainable where the statutory conditions (late filing under section 200(3)) are met. Obiter - commentary that the levy is 'not in the nature of any penalty' and is mandatory. Conclusion: The Tribunal upholds the Assessing Officer's levy and the CIT(A)'s confirmation; there was no illegality in the orders and no basis on the facts to cancel or remit the fee. Cross-reference on temporal operation of enactments The Tribunal notes the chronological enactment: section 234E took effect from 1 July 2012, while the enabling provision in section 200A(1)(c) came into force from 1 June 2015; notwithstanding this sequencing, in the present facts the statutory scheme rendered the levy consequential and mandatory when statements were filed after due dates. Disposition The Tribunal dismisses the appeal and upholds the levy of late filing fee under section 234E as confirmed by the first appellate authority; grounds asserting illegality, reliance on settled precedent to the contrary, or mitigation based on intent are rejected as not controlling the statutory mandate.