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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U/s 234e
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Assessing officer have power to waive the penalty levied u/s 200 A
else there is no other way
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.
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.
MR.PRARIK,agreed with your opinion
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
That means there is chance of waiving of interest under sec 234e. Nd if once we pay dat amount , it would nt be refundable knw..?
Dear Chandrika,
waiver happens in rarest of cases...so dont depend on that hope too much.
Hi find the attached word doc for Facts and Grounds of Appeal w.r.t Sec 234E
Source : CA CLUBINDIA
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