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

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’].

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.

This assessee’s appeals are allowed in above terms.

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

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