2024 (10) TMI 1199

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....equisite detail of the assessment under challenge is tabulated hereunder: ITA Nos. Name of assessee F Y CIT(A) order dated A O 's order dated AO's order under Section ITA No. 634/Del/2024 Dream Design and Display India Pvt. Ltd. 2012-13 15.12.2023 29.05.2014 200A/206CB ITA No. 635/Del/2024 -do- - d o - -do- - d o - - d o- ITA No. 636/Del/2024 -do- - d o - -do- - d o - - d o- ITA No. 637/Del/2024 -do- - d o - -do- - d o - - d o- ITA No. 638/Del/2024 -do- - d o - -do- - d o - - d o- ITA No. 639/Del/2024 -do- - d o - -do- - d o - - d o - 2. When the matter was called for hearing, none appeared for the assessee. Accor....

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.... assessee challenged the action of the Assessing Officer before the CIT(A) and contended that the demand by way of late fee under Section 234E can be raised only by virtue of amendment carried out in S. 200A by Finance Act 2015 w.e.f 1.6.2015 and prior to amendment, S. 200A of the Act does bear any reference to fee computed under S. 234E. The assessee contends that the amendment seeking to levy fee under S. 234E is penal in nature and would thus apply prospectively for the quarters ending after 1.6.2015 and not to earlier quarters. As a corollary, in cases of default committed towards belated filing of Quarterly statement prior to 01.06.2015, the extant law envisaged in S. 200A does not extend to trigger Section 234E to enable the AO to imp....

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.... Act pertains to processing of statement of tax deducted at source. This provision provides for processing the statement filed by person under S. 200 of the Act deducting the tax. Prior to 01.06.2015, this provision did not contain any reference to adjustment of fee to be computed in accordance with provisions of Section 234E of the Act. This provision was made effective only from 01.06.2015. 9. In this backdrop, the question arises is, whether late fee can be imposed for default under Section 234E of the Act. There are many decisions covering the field. Some decisions are in favour of the assessee while others are against. The CIT(A) however has not adjudicated the issue on merits. 10. Having regard to contentious legal issue of appl....