TDS compliance delays trigger mandatory interest and filing fees despite bona fide explanations or absence of revenue loss.
Delayed payment of tax deducted at source attracts compensatory interest under Section 201(1A) where the tax is not remitted within the prescribed period. Bona fide explanations, an accountant's medical exigencies, lack of awareness, payment within the same financial year, and availability of TDS credit do not alter that statutory consequence. Delayed furnishing of Form 26QB attracts the daily fee under Section 234E, subject to its statutory ceiling, irrespective of actual revenue loss. For the post-1 June 2015 period, Section 200A permits computation of that fee while processing the TDS statement. Bona fide conduct or hardship does not provide a statutory basis for waiver.
Issues: (i) Whether interest for delayed payment of tax deducted at source was leviable under Section 201(1A) of the Income-tax Act, 1961 despite the assessee's bona fide explanation and payment within the same financial year; (ii) Whether late-filing fee for delayed furnishing of Form No. 26QB was leviable under Section 234E of the Income-tax Act, 1961 through processing under Section 200A of the Income-tax Act, 1961.
Issue (i): Whether interest for delayed payment of tax deducted at source was leviable under Section 201(1A) of the Income-tax Act, 1961 despite the assessee's bona fide explanation and payment within the same financial year.
Analysis: Section 201(1A) imposes compensatory interest where tax deducted is not paid to the Central Government within the prescribed period. The delay in depositing the TDS was undisputed, and no error was shown in the computation or period of interest. Lack of awareness, the accountant's medical exigencies, absence of mala fides, subsequent payment within the same financial year, and ultimate availability of TDS credit did not displace the mandatory statutory consequence of delayed payment.
Conclusion: Interest under Section 201(1A) was rightly sustained; this issue is against the assessee.
Issue (ii): Whether late-filing fee for delayed furnishing of Form No. 26QB was leviable under Section 234E of the Income-tax Act, 1961 through processing under Section 200A of the Income-tax Act, 1961.
Analysis: Section 234E mandates a daily fee for continued failure to furnish the prescribed TDS statement, subject to its statutory ceiling, independently of actual revenue loss. Section 200A expressly authorised computation of that fee while processing the TDS statement for the relevant post-01.06.2015 period. The statement was admittedly filed beyond the prescribed time, and no error was established in the default period, applicable rate, or fee computation. Bona fide conduct and hardship did not provide a statutory basis for waiver.
Conclusion: Fee under Section 234E was rightly sustained; this issue is against the assessee.
Final Conclusion: The delayed TDS payment and delayed filing of the prescribed TDS statement attracted the applicable mandatory statutory interest and fee.
Ratio Decidendi: Where delay in TDS payment or filing of the prescribed TDS statement is undisputed, statutory interest under Section 201(1A) and fee under Section 234E follow notwithstanding bona fide explanation, absence of revenue loss, or subsequent compliance within the same financial year.