Tds

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

08 July 2015 is 234 e late filing fees levied by department for finanical year 2012-13 to be paid. there is a judgement issued on 05-06-2015

also whether appeal filed in commissioner was rejected can we file in tribunal against and save the same. please help

Rupesh Jain

Rupesh Jain (Expert)
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08 July 2015 at present deptt have right charge the late filing fee u/s 234E no way.

Querist : Anonymous

Querist : Anonymous (Querist)

08 July 2015 sorry sir did not got it

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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09 July 2015 Fees u/s 234E needs to be paid.

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)
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09 July 2015 Full judgment can be seen from link given below:
https://itatonline.org/archives/wp-content/uploads/Rashmikant_Kundalia_234E.pdf

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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09 July 2015 Now ITAT ,Amritsar in the case of Sibia Healthcare Private Limited Vs. Dy. Commissioner of Income-tax (TDS) I.T.A. No.90 /Asr/2015 dated 09.06.2015, has given a Decision on section 234E of Income tax act on Late Fee on late filing of E TDS return.

For details and the full order see below link--

https://www.simpletaxindia.net/2015/06/late-filing-fee-us-234e-for-e-tds-return-before-01.06.2015-not-applicable.html

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