SRI LAKSHMI CONSTRUCTIONS,SECUNDERABAD vs. INCOME TAX OFFICER(TDS), TDS, WARD-2(2), HYDERABAD
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the applicability of Section 200A(1)(c) of the Act, inserted w.e.f. 01-06-2015, to the assessment year 2013-14 was a crucial question. Following decisions from other High Courts, the Tribunal adopted a view favorable to the assessee.
What were the facts?
The assessee's appeal pertains to the assessment year 2013-14 and concerns a late filing fee of Rs. 55,278/- levied under Section 234E of the Income Tax Act. The lower authorities invoked Section 200A(1)(c) of the Act, which was inserted with effect from June 1, 2015.
What were the issues?
The key issue was whether Section 200A(1)(c) of the Income Tax Act, inserted in 2015, could be applied retrospectively to levy a fee for an assessment year prior to its insertion. The Tribunal considered the prospective or retrospective application of this section.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Kourani v. Union OF India1,708 citing83 Taxmann.com 137 · 2017 · HC
- Fateh Raj Singhvi & Ors. v. UOI844 citing289 CTR 602 · 2016 · HC
Income Tax Appellate Tribunal, HYDERABAD BENCHES “A” : HYDERABAD
Before: SHRI S.S.GODARA & SHRI LAXMI PRASAD SAHU
O R D E R PER S.S.GODARA, J.M. :
This assessee’s appeal for AY.2013-14 arises from the CIT(A)-8, Hyderabad’s order dated 12-10-2018 passed in case No.10435/CIT(A)-8/Hyd/2017-18, involving proceedings u/s.200A of the Income Tax Act, 1961 [in short, ‘the Act’]. Heard both the parties. Case file perused.
Coming to the sole substantive issue of late file in levy of Rs.55,278/- u/s.234E of the Act pertaining to AY.2013-14, 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 of Rs.55,278/-.
This assessee’s appeal is allowed in above terms.
Order pronounced in the open court on 28th May, 2021
More judgments on Section 234E
- Mulchand Ramkishan Laddha, Pune vs Income Tax Officer (TDS-2), PuneITA 874/PUN/2026[2013-14]Status: Disposed30 Sept 2026AY 2013-14
- Suyash Dhondu Paste, Ratnagiri vs Income Tax Officer, TDS, KolhapurITA 2669/PUN/2026[2015-16]Status: Disposed28 Sept 2026AY 2015-16
- Suyash Dhondu Paste, Ratnagiri vs Income Tax Officer, TDS, KolhapurITA 2668/PUN/2026[2015-16]Status: Disposed28 Sept 2026AY 2015-16
- Suyash Dhondu Paste, Ratnagiri vs Income Tax Officer, TDS, KolhapurITA 2667/PUN/2026[2015-16]Status: Disposed28 Sept 2026AY 2015-16
- Suyash Dhondu Paste, Ratnagiri vs Income Tax Officer, TDS, KolhapurITA 2666/PUN/2026[2014-15]Status: Disposed28 Sept 2026AY 2014-15
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