234b

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

30 December 2013 Dear Sir,

1]What is the procedure to dropping out as penalty levied for default for late TDS filling statements u/s 234E.

2] what are the reasonable causes to get waive from levy of penalty.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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30 December 2013 it is 234E for TDS. 234B is for default in payment of advance tax.

There is no provision for waiver of the 234E.

However, you can request for reduction/waiver of 234E by applying under Section 119

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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30 December 2013 Sec 119 may not be useful in this case of se 234E as its mandatory and cannot be waived in my view.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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30 December 2013 tushar,

every penalty or interest can be waived off under 119 including 234A,B,C,E.

CS,CA F,Numrologi TusharSampat

CS,CA F,Numrologi TusharSampat (Expert)
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30 December 2013 Nikhil,
Sec 234E in my opinion is neither int nor penalty as they have used the word"Fees".

so i think it cannot be waived as its compensating in nature though but not int specifically as for sec 234A/B/C.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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30 December 2013 doesn't matter. The nomenclature doesn't matter. 119 powers wide enough. even 234A/B/C are compensatory in nature!

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