In a recent order dated 03.07.2014 Hon’ble Odisha High Court has granted stay on the recovery of Late fee charged Under Section 234E of the Income Tax Act,1961.
In Separate cases Hon’ble Bombay, Rajashthan, Kerala and Karnataka High Court has already stayed the Recovery Proceeding U/s. 234E of the Income Tax Act,1961 till the final verdict in the case.
You can see the Judgements from below link: http://taxguru.in/income-tax-case-laws/section-234e-odisha-high-court-stays-recovery-proceeding.html#sthash.aFzu1Zj8.dpuf
17 August 2014
Legality and Validity of section 234E has been challenged in above cases. So if the final judgement is in favour of the petitioner then same will hold good for all.
If section 234E held to be Invalid and Illegal then it can not be only for petitioner. It will be applicable for all.
But if that does not happen you will have to pay fees u/s 234E along with interest since you yourself are not a petitioner.