Deletion of the addition made under section 234B of the ITA Act

Last updated: 27 March 2021

Court :
ITAT Bangalore

Brief :
Present appeals has been filed by assessee againstcommon order dated 25/07/2019 passed by Ld.CIT(A)-9, Bangalore for assessment years 2013-14 to 2015-16. The issue that arises out of the present appeal is challenging the late fee levied under section 234E of the Act, for delay in furnishing the tax deducted at source statement.

Citation :
ITA 2200/BANG/2019

IN THE INCOME TAX APPELLATE TRIBUNAL
‘A’ BENCH : BANGALORE

BEFORE SHRI. B.R BASKARAN, ACCOUNTANT MEMBER
AND
SMT. BEENA PILLAI, JUDICIAL MEMBER
ITA Nos.2200 to 2202/Bang/2019
Assessment Year : 2013-14 to 2015-16

M/s Transpose Solutions
(India),
No.22, 2nd Floor, Central
Street, 5th Block,
Kumara Park West,
Benga,luru-560 020.
PAN – AADCT 7981 K

Vs.

The Addl. Commissioner of
Income-Tax,
CPC, TDS,
Bengaluru.
APPELLANT RESPONDENT

Assessee by : Smt. Preethi Patel, Advocate
Revenue by : Shri Kannan Narayanan, JCIT
(DR)

Date of Hearing : 15-02-2021
Date of Pronouncement : 08-03-2021

ORDER

PER BEENA PILLAI, JUDICIAL MEMBER

Present appeals has been filed by assessee againstcommon order dated 25/07/2019 passed by Ld.CIT(A)-9, Bangalore for assessment years 2013-14 to 2015-16. The issue that arises out of the present appeal is challenging the late fee levied under section 234E of the Act, for delay in furnishing the tax deducted at source statement.

2. The Ld.AR submitted that there was various issues that assessee had to face thereby causing financial distress. Assessee therefore delayed in clearing the dues. It was submitted thatassessee was not having sufficient income to sustain its businessduring the relevant period due to cash crisis. It has beensubmitted that section 200A was amended incorporating levy offee under section 234E in clause ( c) read with section 200 A (1)of the Act vide Finance Act No.2, 2015 ,w.e.f. 01/06/2015. It wassubmitted that, the relevant assessment years are prior to the date of amendment in section 234E of the Act read with section 200A(1) is not applicable.

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