2026 (3) TMI 1561

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....therefore, we proceed to dispose of the same by this common order. 3. First, we shall take up the appeal of the assessee in ITA No.2638/PUN/2025 for adjudication as the lead case. ITA No.2638/PUN/2025 : 4. The appellant has raised the following grounds of appeal :- "1. The learned Commissioner of Income Tax (Appeals) ["the Ld. CIT(A)] has erred in affirming the order u/s 154 read with section 200A of the Income tax Act, 1961 ["the Act"] and confirming the levy of late fees of Rs. 34,400/- u/s 234E of the Act in the intimation generated u/s 200A passed in respect of TDS statement filed in Form 26Q for Quarter 4 of A.Y. 2014- 15. 2. The Ld. CIT(A) has failed to appreciate that in respect of the TDS statements filed ....

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....al. 8. We have heard Ld. Counsels from both the sides and perused the material available on record including the paper book furnished by the assessee. In this regard, Ld. Counsel of the assessee placed reliance on following decisions passed by coordinate bench of this Tribunal :- (i) Shri Shivaji College vs. ACIT [ITA No.2637 & 2639/PUN/2025 order dated 06.01.2026]. (ii) Gurunath Shambhi Vernekar vs. ITO [ITA No.136 - 141/PUN/2025 order dated 29.04.2025]. (iii) Pratap Pundlikrao Pawar vs. DCIT [ITA No.263 - 265/PUN/2025 order dated 02.05.2023]. (iv) Utkarsh Balaso Patil vs. ITO [ITA No.1676 - 1689/PUN/2025 order dated 10.09.2025]. (v) Ram Refrigeration & Electronics Pvt. Ltd. vs. ITO [ITA No.8....

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....ees levied u/s. 234E of the Act for the returns filed and processed before 01.06.2015, we find the Coordinate Benches of this Tribunal after considering the judicial pronouncements have been taking a consistent view that the amendment brought in Finance Act, 2015 w.e.f. 01.06.2015 under Section 200A (clause (c)] of the Act is prospective in nature thereby empowering the Revenue authorities to charge fee u/s. 234E of the Act only after 01.06.2015. In that view of the matter, Revenue authorities are empowered to impose such late fee u/s. 234E only for the default committed after 01.06.2015 and not prior to that. The Hon'ble Kerala High Court in Olari Little Flower Kuries Pvt. Ltd. Vs. Union of India and others (2022) 440 ITR 26 (Kerala) has a....

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....as been imposed for the delay in furnishing the statements and the returns have been processed u/s. 200A of the Act after 01.06.2015. In light of our observation above, it is held that penalty u/s. 234E is leviable since amendment brought in Finance Act, 2015 w.e.f. 01.06.2015 under Section 200A (clause (c)] of the Act is prospective in nature and Revenue authorities are empowered to levy penalty u/s. 234E. However, penalty u/s. 234E has to be computed from 01.06.2015 till the processing of the return for which necessary calculation to be made at the end of the concerned Revenue authority. The details of appeals whose returns have been processed after 01.06.2015 are given below : Sl. No. ITA No(s). Asst. Year Quarter Form ....