COSYN LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, TDS, CIRCLE-1(1), HYDERABAD

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ITA 61/HYD/2019Status: DisposedITAT Hyderabad09 June 2021AY 2013-143 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that Section 200A(1)(c), inserted w.e.f. 01-06-2015, should be applied prospectively. Following precedents from the Karnataka and Gujarat High Courts, the Tribunal directed the Assessing Officer to delete the late filing fee.

What were the facts?

The assessee filed appeals for assessment years 2013-14 to 2017-18 concerning proceedings under Section 200A of the Income Tax Act. The core issue was the levy of late filing fee under Section 234E.

What were the issues?

The primary issue was whether the retrospective application of Section 200A(1)(c) for levying late filing fees under Section 234E was permissible.

Which sections of the Income-tax Act were involved?

Section 200A,Section 234E

AI-generated summary — verify with the full judgment below

Cases cited in this judgment(2)Show list

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Income Tax Appellate Tribunal, HYDERABAD ‘ A ‘ BENCH, HYDERABAD.

Before: SHRI S.S. GODARA & SHRI L. P. SAHU

For Appellant: Shri Praveen Nair

O R D E R Per Bench : These assessee’s appeals for AYs. 2013-14 to 2017-18 arises from the CIT(A)-8, Hyderabad’s common order dated 12-10- 2018 passed in case No.10482, 10483, 10484, 10485 & 10486/CIT(A)-8/Hyd/2017-18, involving proceedings u/s.200A of the Income Tax Act, 1961 [in short, ‘the Act’].

2.

Coming to the sole substantive issue of late file in levy u/s.234E of the Act pertaining to AYs.2013-14 to 2017-18, it is not in dispute that the learned lower authorities’ have invoked Section 200A(1)(c) of the Act inserted w.e.f. 01-06- 2015. The clinching question as to whether the same applies prospectively only or with retrospective effect stands decided in assessee’s and Revenue’s favour in Fatheraj Singhvi Vs. UOI (2016) [289 CTR 602] (Karnataka) and Rajesh Kourani Vs. UOI [83 Taxmann.com 137 (Guj); respectively. And also that with no guidance has come from hon’ble jurisdictional high court. We thus adopt the view favouring the assessee in the given facts and circumstances and direct the Assessing Officer to delete the impugned late filing fee in all the assessment years under consideration.

3.

This assessee’s appeals are allowed in above terms.

Order pronounced in the open court on 11th June, 2021.

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