Late filing of tds return and levy of penalty u/s 234e

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This query is : Resolved

imran dafedar (Querist)

07 March 2015 Dear sir , i m in receipt of notice from IT Department to pay Late filing penalty U/s 234E. This is 2nd notice. Before one month, One of our author guided me that case is going on in kerala high court, so wait for decesion. Now department is quoting bombay high court decesion stating in favour of department in 2nd notice. Please guide me......

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

07 March 2015 Mumbai High Court rules - 234E fees constitutionally Valid Rashmikant Kundalia vs. UOI (Bombay High Court) S. 234E: The late filing of TDS returns by the deductor causes inconvenience to everyone and s. 234E levies a fee to regularize the said late filing. The fee is not in the guise of a tax nor is it onerous. The levy is constitutionally valid The late submission of TDS statements means the Department is burdened with extra work which is otherwise not required if the TDS statements were furnished within the prescribed time. This fee is for the payment of the additional burden forced upon the Department. A person deducting the tax (the deductor), is allowed to file his TDS statement beyond the prescribed time provided he pays the fee as prescribed under section 234E of the Act. In other words, the late filing of the TDS return/statements is regularised upon payment of the fee as set out in section 234E. This is nothing but a privilege and a special service to the deductor allowing him to file the TDS return/statements beyond the time prescribed by the Act and/or the Rules. We therefore cannot agree with the argument of the Petitioners that the fee that is sought to be collected under section 234E of the Act is really nothing but a collection in the guise of a tax

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)

07 March 2015 Full judgment can be seen from link given below:

https://itatonline.org/archives/wp-content/uploads/Rashmikant_Kundalia_234E.pdf