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234e late fee (Income Tax)

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( Author )
21 February 2014

Q1) what is the status of kerala high court stay order.
q2) i have received a demand for totaling to nearly Rs.1 Lac for 2 years, what to do?
q3) i have paid 234E fee for 2 Qtrs in 1 Challan, how to fillup the same in the correction statement in the respective qtrs
pl help
nagarajan


C A S.S.Agarwal, M.Com.,LL.B,

( Expert )
21 February 2014

Constitutional validity of s. 234E - Kerala High Court granted stay of proceedings for a period of two months

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present: THE HONOURABLE MR. JUSTICE V CHITAMBARESH

Dated: 18-12-2013

PETITIONER: NARATH MAPILA LP SCHOOL vs UNION OF INDIA & Others

Writ Petition (civil) praying inter alia that in the circumstances stated in the affidavit filed along with the WP(C) the High Court be pleased to stay all the proceedings initiated against the petitioner by the 5th respondent under section 234E of the Income Tax Act pending final disposal of the Writ Petition and render justice.

This petition coming on for admission upon perusing the petition and the affidavit filed in support of WP(C) and upon hearing the arguments of SRI.S.ARUN RAJ, Advocate for the petitioner, Standing Counsel for respondents, the court passed the following:

ORDER
Admit.
Standing Counsel takes notice :for the respondents.

There will be an interim order as prayed to enure for a period of 2 months.



A.Senthil Subramanian

( Expert )
22 February 2014

As like in Kerala another writ petition filed in Karnataka also on 19th February. Read the following. In a big relief for several employers and businessmen, the Karnataka high court has stayed for four weeks the operation of series of demand notices sent by the Income Tax department asking them to pay penal fees in relation to non-filing of TDS statements.

Justice Jawad Rahim passed an interim order to this affect while asking Income Tax department and ministry of finance to file their replies.

Several employers as well as assessees under TAN have moved the court challenging the penal provisions under newly inserted section 234E of the Income Tax Act ,1961 connected to filing of TDS returns by employers. TIMES OF INDIA released the news. You can see more in the following link "http://timesofindia.indiatimes.com/city/bangalore/High-courts-relief-for-employers-businessmen-from-paying-penal-fees-for-not-filing-TDS/articleshow/30686036.cms".


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