Ozhur Service Co-op. Bank Ltd. vs. The Income Tax Officer (TDS)

Parties Involved

Facts Summary

The case pertains to six appeals filed by The Ozhur Service Co-operative Bank Ltd. against the levy of 'late filing fee' by the Income Tax Officer (TDS) under section 200A read with section 234E of the Act as amended by the Finance Act, 2015. The assessee argues that the relevant quarters involved in the case are for periods before the effective date of the amendment, i.e., 01.06.2015, and there is no material indicating the applicability of the amended provision with retrospective effect. The lower authorities have levied the late filing fee involving varying sums, which form the subject matter of adjudication in the instant six appeals.…

Legal Issues

• 1. Whether the late filing fee levied by the Income Tax Officer (TDS) is applicable to the assessee's cases?
• 2. Whether the amended provision in section 234E of the Act has retrospective effect?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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