2019 (11) TMI 1225

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....ourth quarter of the financial year 2012-13 and the payment for the same was made on 26.4.2013 i.e. before the due date. However, the filing of the return of TDS was delayed and it was filed on 12th September, 2013 instead of the due date of 15th May, 2013. A fee of Rs. 24,000/- u/s 234E of the Income Tax Act, 1961 (hereinafter called 'the Act') @ Rs. 200/- for the delay of 120 days was charged as per intimation u/s 200A of the Act vide intimation dated 11th February, 2014. The assessee preferred an appeal before the first appellate authority against the levy of the late fee. The Ld. First appellate authority dismissed the assesee's appeal and now the assesee is before the Tribunal challenging the confirmation of levy u/s 234E of the Act. ....

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....lso gone through the impugned order. 6.1 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 (1) shall not exceed the amount of tax deductible or colle....

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.... (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 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 expiry of one year from the end of the financial year in which the statement is filed. Explanation: For the pur....

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....nt 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." 6.4 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 what is impugned in the appeal before us is the intimation under section 200A of the Act, as stated in so many words in the impugned intimation itself, and, as the law stood, ....