Penalty u/s 234e

This query is : Resolved 

13 November 2013 1.CAN PENALTY LEVIED U/S 234E BE WAIVED OFF.
2.CAN THE QUANTUM OF PENALTY BE MORE THAN THE
TDS DEDUCTIBLE AMOUNT.
3.IS 234E APPLICABLE FOR ANY TDS RTNS
FILLED AFTER 01/07/2012 OR IT IS
APPLICABLE ONLY FOR THE PERIOD FROM
01/07/2012
4.WHAT CAN BE DONE IF A NOTICE IS RECEIVED
FOR PAYMENT OF PENALTY U/S 234E FOR LATE
FILLING. IS IT APPEALABLE. AND CAN THE
APPEAL BE FILLED EVEN AFTER 90 DAYS OF
RECEIPT OF NOTICE WITH REQUEST FO CONDONATION OF DELAY..


13 November 2013 1. Can't be waived if calculation is correct.
2. If wrong, appeal can be filed before CIT (Appeals) as per section 246A(1)(a) of the Income tax Act,1961.

13 November 2013 1. First of all, its not a penalty. Its a fee which cannot be waived.

2. No, the quantity of fee under 234e cannot exceed the TDS deductible.

3. 234E is applicable only to the TDS returns filed for tax deductible on or after 1 July 2012.

4. 234E fees is to be paid before filing the return.

5. If you believe the computation of 234E is wrong, you can appeal against it.


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