Pragati Marine Services Pvt Ltd. vs. Income Tax Department

Parties Involved

Facts Summary

The assessee, Pragati Marine Services Pvt Ltd., has filed appeals against the orders of the Commissioner of Income Tax Appeals, National Faceless Appeal Centre (NFAC), Delhi, which levied a fee under section 234E of the Income-tax Act, 1961. The assessee contends that the fee was levied improperly as the enabling provision for levy and collection of fee under section 234E through the mechanism provided under section 200A came into effect only from 01.06.2015. The assessee also argues that the delay in filing the quarterly TDS statements was procedural and technical in nature and did not result in any loss of revenue. The Revenue Authorities did not accept these contentions and proceeded to levy/confirm the fee under section 234E of the Act. The assessee has appealed to the Income Tax Appellate Tribunal, Mumbai, seeking adjudication of the issue in accordance with the applicable statutory provisions and the judicial position governing the relevant period.…

Legal Issues

• 1. Whether the levy of fee under section 234E of the Income-tax Act, 1961 was proper?
• 2. Whether the delay in filing the appeals can be condoned?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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