2021 (9) TMI 489

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..... Assistant Commissioner of Income Tax, TDS, CPC, Gaziabad (AO) has raised demand u/s 200A of the Act for each quarter as under : Quarter No. Fee u/s 234E Rs. Q1 4970 Q2 1890 Q3 300 Q4 2013-14 187600 2014-15 114000 The assessment years involved in these appeals are 2014-15 & 2015-16. Against the order of the AO, the assessee went on appeal before the CIT(A) and the Ld.CIT(A) viewed that the provisions of section 200A(1)(c) are clarificatory in nature and hence, effective retrospectively and accordingly, held that late fee u/s 234E is chargeable even prior to 01.06.2015. Thus, the Ld.CIT(A) confirmed the order of the AO following the decision of Hon'ble Gujarat High Court in the case of Rajesh Kourani (83 taxmann.com 137). There....

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....ect and not retrospective effect, and accordingly decided the issue in favour of the assessee and there is no decision on this issue by the Hon'ble Jurisdictional High Court. Therefore, in the absence of the judgement of Hon'ble jurisdictional High Court , we are of the view that the decision, most favourable to the assessee required to be adopted as held by the Hon'ble Apex Court in the case of M/s Vegetable Products Ltd. (supra) Hon'ble Karnataka High Court in the case of Fateraj Singvi & Ors. [2016] 73 taxmann.com 262 held as under : "22. It is hardly required to be stated that, as per the well-established principles of interpretation of statute, unless it is expressly provided or impliedly demonstrated, any provision of statute is to....