Sec 234e
This query is : Resolved
10 February 2014
Is there any case filed against Sec 234E?
I heard that it was filed during december 2013 in Kerala by a school headmaster.
Please confirm...
I heard that it was filed during december 2013 in Kerala by a school headmaster.
Please confirm...
10 February 2014
Yes the case was filed in kerala high court. An interim stay for two months was ordered. The final judgment is not yet out
10 February 2014
You can see the order, as stated by learned expert from below link--
http://taxguru.in/income-tax-case-laws/hc-stays-late-filing-fees-234e-late-filing-tds-return.html
http://taxguru.in/income-tax-case-laws/hc-stays-late-filing-fees-234e-late-filing-tds-return.html
09 February 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
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
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Payment for sale in March and Sale deed registration to be done in April
- Treatment of TDS under Section 194-IA in case of cancelled property transaction
- GST APPEAL ITC
- TDS U/S 194S VDA
- Surcharge on discretionary AOP/TRUST for AY 25-26
- Requirement of Form 15CA CB - Rent payment
- Unable to file 3B monthly return
- REGARDING ITR OF TRUST
- 43 b 1 h
- FOR MODIFICATION IN BUILDING MATERIAL GST ITC ALLOWED.
- Query regarding applicability of UDIN on MCA forms signed using DSC by a Chartered Accountant
- GST ON PERSONAL MOTORCAR SOLD
- Cash gift by grand mother to her grand daughter
- APPLICABILITY OF RCM ON MAN POWER SUPPLY BY UN REGISTERED PERSON TO REGISTERED PERSON.
- Tax amount diff in Gstr1 and 3B in tax compare reports
- Spice form, ? mark comes in address
- Tds on GST in connection with sale to public company
- B2B Amendment
- Restoration of certificate of practice
- Regarding change in correspondence address in SSP portal
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
CAclubindia
