Impugned statutory provision very much applies for the relevant previous year, says ITAT

Last updated: 24 February 2021

Court :
ITAT Hyderabad

Brief :
These two assessee’s appeals for AYs.2017-18 & 2018-19are directed against the CIT(A)–8, Hyderabad’s order dated 22-05-2019 passed in appeal Nos.10147 & 10148/CIT(A)-8/Hyd/2018-19, involving proceedings u/s.200A of the Income Tax Act, 1961 [in short, ‘the Act’]

Citation :
ITA 1199/Hyd/2019

IN THE INCOME TAX APPELLATE TRIBUNAL
HYDERABAD BENCHES “A” : HYDERABAD
(THROUGH VIDEO CONFERENCE)

BEFORE SHRI S.S.GODARA, JUDICIAL MEMBER
AND
SHRI LAXMI PRASAD SAHU, ACCOUNTANT MEMBER

For Assessee : Shri S.Rama Rao, AR
For Revenue : Shri Sunil Kumar Pandey, DR

Date of Hearing : 19-01-2021
Date of Pronouncement : 03-02-2021

O R D E R

PER BENCH :

These two assessee’s appeals for AYs.2017-18 & 2018-19are directed against the CIT(A)–8, Hyderabad’s order dated 22-05-2019 passed in appeal Nos.10147 & 10148/CIT(A)-8/Hyd/2018-19, involving proceedings u/s.200A of the Income Tax Act, 1961 [in short, ‘the Act’]

2. The assessee’s sole substantive grievance raised in the instant appeals seeks to reverse both the lower authorities’ action in levying late fee of Rs.7,600/- and Rs.13,800/-u/s.234E of the Act; respectively. The CIT(A)’s lower appellatediscussion to this effect, reads as under (extracted from AY.2017-18):

“4. In the appeal, the main contention of the AR is that the provision to include late fee u/s.234E in the intimation u/s. 200A of the Actcame into effect only through the Finance Act, 2015 w.e.f.1.6.2015. Section 200A enabling the AO to determine the late fee u/s. 234E brought about w.e.f. 1.6.2015 is prospective in nature and the AO was not empowered to charge late fee u/s.234E for the period prior to 1.6.2015.

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