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U/s 234e

28 January 2014

W.B Govt. added school, received a intimation u/s 200A and raised a demand u/s 234E for late filing of TDS return. What is the solution to wave the tax or give the suggestion about the ground of appeal for wave the late filing fees.

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8 Replies

Income Tax Wala: (Fin. Expert) (Chartered Accountants) (2015 Points)
Replied 28 January 2014

Assessing officer have power to waive the penalty levied u/s 200 A

else there is no other way

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Mihir (Wealth Manager) (5293 Points)
Replied 28 January 2014

I don't think section 273B applies before imposing penalty u/s 234E, wherein the assessee is given the opportunity to explain the reason for delay, and the AO may condone the delay if found bona fide.

Pratik CA Final (Article Assitant) (102 Points)
Replied 28 January 2014

Firstly kindly pay the demand amount under section 234e becuase it will raise your interest amount. And after the same kindly revise your TDS return and then you can go for appeal in tribunal for the waiving off of the penalty.

This is as per my opinion , i thnk that paying and then challenging the order is a better option because you wont be in a position to lose rather than paying interest on it.

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Mohammad saifee (Entrepreneur ) (72 Points)
Replied 28 January 2014

MR.PRARIK,agreed with your opinion

Nikhil Kaushik (Fellow CA) (86676 Points)
Replied 28 January 2014

234e is not a penalty and not challengable as such. There are 2 options: 1. Approch CIT to reduce or waive off under 119(2) on grounds of financial constraint 2. Challenge the constitutional validity of 234e as has already been done by one school in kerala high court

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