M/s Excella Realtors Pvt. Ltd. vs. ITO, Ward-1(3), TDS, Kolkata

Parties Involved

Facts Summary

The assessee, M/s Excella Realtors Pvt. Ltd., is engaged in the business of construction and land development. A demand notice was issued by the TDS-CPC, Kolkata, raising a total demand of ₹4,59,653. After giving credit for certain adjustments available in the TRACES portal, an outstanding demand of ₹99,482 towards interest under section 201(1A) and ₹46,400 towards late fee under section 234E remained payable. Aggrieved by the said computation, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals), who confirmed the action of the TDS Officer. Being further aggrieved, the assessee has preferred the present appeal before the Tribunal.…

Legal Issues

• 1. Whether the levy of late fee under section 234E amounting to ₹46,400 for delayed filing of TDS return for the financial year 2013-14 is legal and justified.
• 2. Whether the levy of interest under section 201(1A) amounting to ₹99,482 is tenable.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

Similar Judgements

• ALI FAZAL Vs. Income Tax Officer TDS Ward

  Mumbai benchAY 2020-21Partly Allowed

• The Haryana State Cooperative Labour & Construction Federation Ltd. Vs Income Tax Officer(TDS)

• Accounts Officer, BSNL vs DCIT, TDS, Noida

  Delhi Bench benchAY 2008-09Partly Allowed

• ITA No. 5693/Mum/2025 & CO No. 306/MUM/2025 (A.Y. 2013-14)

  Mumbai 'C' Bench benchAY 2013-14Dismissed

• Union Bank of India Vs. DCIT

  Delhi Bench ‘E’, New Delhi benchAY 2014-15Partly Allowed

• M/s. Unitech Acacia Projects Pvt. Ltd. vs. ACIT

  Delhi bench