TaxTMI 
TaxTMI 
2016 (4) TMI 349
X X X X Extracts X X X X
X X X X Extracts X X X X
....s of the case are that the assessee did not file TDS return in time i.e. with regard to quarter-4 F.Y.2012-13. The stand of the assessee was that it failed to deduct TDS and deposit that amount in Government Treasury, therefore, it could not file the return. The assessee further contended that it has deducted the tax in the month of September, 2013 and within a few days, deposited the tax and submitted the return. The assessee has paid interest for late deduction of the tax and the payment. According to the assessee, once it has not deducted the tax then it could not file any statement, the ld.AO-TDS-CPC has charged a fee of Rs. 30,600/- under section 234E of the Act. The appeal to the ld.CIT(A) did not bring any relief. 4. On due consid....
X X X X Extracts X X X X
X X X X Extracts X X X X
....erial facts, we are proceeding to dispose of this appeal on merits. 5. We may produce, for ready reference, section 234E of the Act, which was inserted by the Finance Act 2012 and was brought into effect from 1st July 2012. This statutory provision is as follows: 234E. Fee for defaults in furnishing statements (1) Without prejudice to the provisions of the Act, where a person fails to deliver or cause to be delivered a statement within the time prescribed in sub-section (3) of section 200 or the proviso to subsection (3) of section 206C, he shall be liable to pay, by way of fee, a sum of two hundred rupees for every day during which the failure continues. (2) The amount of fee referred to in sub-section (....
X X X X Extracts X X X X
X X X X Extracts X X X X
....computed on the basis of the sums deductible as computed in the statement; (c) the sum payable by, or the amount of refund due to, the deductor shall be determined after adjustment of amount computed under clause (b) against any amount paid under section 200 and section 201, and any amount paid otherwise by way of tax or interest; (d) an intimation shall be prepared or generated and sent to the deductor specifying the sum determined to be payable by, or the amount of refund due to, him under clause (c); and (e) the amount of refund due to the deductor in pursuance of the determination under clause (c) shall be granted to the deductor: Provided that no intimation under this sub-section shall be sent after the expir....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... 200 or section 201 or section 234E and any amount paid otherwise by way of tax or interest or fee; (e) an intimation shall be prepared or generated and sent to the deductor specifying the sum determined to be payable by, or the amount of refund due to, him under clause (d); and (f) the amount of refund due to the deductor in pursuance of the determination under clause (d) shall be granted to the deductor. 8. In effect thus, post 1st June 2015, in the course of processing of a TDS statement and issuance of intimation under section 200A in respect thereof, an adjustment could also be made in respect of the "fee, if any, shall be computed in accordance with the provisions of section 234E". There is no dispute that w....
X X X X Extracts X X X X
X X X X Extracts X X X X
....scope of the section 200A. Learned CIT(A) has not done so. He has justified the levy of fees on the basis of the provisions of Section 234E. That is not the issue here. The issue is whether such a levy could be effected in the course of intimation under section 200A. The answer is clearly in negative. No other provision enabling a demand in respect of this levy has been pointed out to us and it is thus an admitted position that in the absence of the enabling provision under section 200A, no such levy could be effected. As intimation under section 200A, raising a demand or directing a refund to the tax deductor, can only be passed within one year from the end of the financial year within which the related TDS statement is filed, and as the r....