M/s Gokul Distributors Vs. ITO (TDS-1), Pune

Parties Involved

Facts Summary

The assessee, M/s Gokul Distributors, filed two appeals against the orders of the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre (CIT(A)/NFAC) passed under sections 200A, 154, and 250 of the Income Tax Act, 1961. The sole ground of appeal was challenging the order of the CIT(A) for confirming the levy of late fees under section 234E of the Act for delay in filing the quarterly TDS statement. The assessee had filed the TDS statement in Form no 26Q for the Quarters Q2 and Q4 of the financial year 2012-13 (Assessment Year 2013-14) with a delay. The assessee filed a correction statement under section 200A of the Act. The intimation under section 154 of the Act dated 21-08-2021 was passed with a late fee under section 234E of the Act for Q2 and Q4. The assessee filed separate appeals with the CIT(A), which were dismissed. The assessee then filed appeals with the Income Tax Appellate Tribunal (ITAT). The assessee argued that the late fee can be charged only after 1.06.2015 and not for the period prior to that date. The revenue argued against the assessee's submissions.…

Legal Issues

• 1. Whether the levy of late fee under section 234E of the Act is applicable for the financial year 2012-13?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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