MADHUSUDAN MARBLES PRIVATE LIMITED,UDAIPUR vs. COMMISSIONER OF INCOME TAX APPEALS NATIONAL FACELESS APPEAL CENTRE, DELHI

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ITA 94/JODH/2023Status: DisposedITAT Jodhpur20 September 2023AY 2014-154 pages

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Income Tax Appellate Tribunal, JODHPUR BENCH ‘DB’, JODHPUR

Before: SHRI SAKTIJIT DEY, VICE- & SHRI GIRISH AGRAWAL

Hearing: 14.09.2023Pronounced: 20.09.2023

per the well settled legal principles, in case, there are two contrary

decisions of non-jurisdictional High Courts, the decision expressing

the view in favour of the assessee has to be followed. In fact, there

are number of decisions of the coordinate Benches, wherein, the

aforesaid decision of Hon’ble Karnataka High Court has been

followed and the issue has been decided in favour of the assessee.

4 ITA Nos. 93 & 94/Jodh/2023

Therefore, following the consistent approach of various Benches of

the Tribunal, we hold that no fee under section 234E of the Act can

be levied for any period prior to 01.06.2015, while processing the

TDS statements/returns under section 200A of the Act. Accordingly,

we delete the additions/adjustments made by the CPC. Grounds are

allowed.

7.

In the result, appeals are allowed.

Order pronounced in the open court on 20/09/2023.

Sd/- Sd/- (GIRISH AGRAWAL) (SAKTIJIT DEY) ACCOUNTANT MEMBER VICE-PRESIDENT

Dated:20.09.2023 *aks/-

MADHUSUDAN MARBLES PRIVATE LIMITED,UDAIPUR vs COMMISSIONER OF INCOME TAX APPEALS NATIONAL FACELESS APPEAL CENTRE, DELHI | BharatTax