C & K MANAGEMENT LIMITED,SECUNDERABAD vs. ASST. COMMISSIONER OF INCOME TAX, CIRCLE-1(1), HYDERABAD

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ITA 458/HYD/2019Status: DisposedITAT Hyderabad07 May 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 followed the view that Section 200A, inserted with effect from June 1, 2015, should be treated as prospective. Therefore, the late fee levied under this section was directed to be deleted.

What were the facts?

The appeals were filed by three assessees against orders levying late fee under Section 234E of the Income Tax Act. The issue revolved around whether Section 200A, which allows for the levy of such fees, had retrospective effect.

What were the issues?

The primary issue was the retrospective applicability of Section 200A of the Income Tax Act for levying late fees under Section 234E.

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 BENCHES “A” : HYDERABAD

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

O R D E R PER S.S. GODARA, JM : These three assessees’ appeals are directed against different orders of the Commissioner of Income Tax (Appeals)-8, Hyderabad, involving varying assessment years stated as under.

Sl. Authority’s Proceedings order u/s dated/Case No. 01 454/H/19 to 456/H/19 2013-14 to CIT(A)-8,Hyd 200A to 2015-16 Order dated 03 03.10.2018 Case no.10054 to 10056/2017- 18 04 436/Hyd/19 2013-14 -do-, dt 02.10.18 200A in case no.10053/2017- 18 05 458 to 460/H/19 2013-14 -do-, in case 200A to to no.0160/2018- 07 2015-16 19

2.

We notice during the course of hearing that the assessees’ sole identical substantive ground seeks to reverse both the lower authorities’ action levying sec. 234E late fee inserted in the Act w.e.f. 01.06.2015 carrying retrospective effect. We find in this backdrop that case law Fateh Raj Singh & Others vs. UOI (2016) 289 CTR 602 (Kar.) holds sec.200A inserted in the Act wef 1.6.2015 as prospective only and Rajesh Kaurani vs. UOI (2017) 83 taxmann.com 137 (Guj.) has taken a contrary view. No guidance has come from hon’ble jurisdictional high court qua the instant issue. We thus adopt the legal proposition favouring the assessee and direct the assessing authority(ies) concerned to delete the impugned late filing levy. These assessees’ appeals are allowed in above terms. A copy of this common order be placed in the respective case files. Pronounced in Open Court on 10th May, 2021. Sd/- Sd/- ( L.P. SAHU) ( S.S. GODARA ) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 10th May, 2021. 2 *gmv.

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