M/S COMPREHENSIVE NEOMARKETING SYSTEM PVT. LTD.,RANCHI vs. ACIT, CENTRALISED PROCESSING CELL-TDS, GHAZIABAD

ITA 250/RAN/2018Status: DisposedITAT Ranchi15 February 2019AY 2013-146 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that Section 234E is a charging provision and cannot be applied retrospectively without express provision. Since Section 200A of the Act did not have an enabling provision for levying this fee prior to June 1, 2015, the levy was invalid for the period in question.

What were the facts?

The appeals concerned the levy of late fee under Section 234E of the Income Tax Act for assessment years prior to June 1, 2015. The lower authorities had levied the fee based on the Gujarat High Court's decision in Rajesh Kaurani, while the assessees relied on ITAT decisions holding the fee non-applicable retrospectively.

What were the issues?

Whether the late fee under Section 234E is applicable for TDS statement filing delays prior to June 1, 2015, given the absence of enabling provisions in Section 200A.

Which sections of the Income-tax Act were involved?

Section 234E,Section 200A

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Cases cited in this judgment(7)Show 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.

IN THE INCOME TAX APPELLATE TRIBUNAL RANCHI BENCH “SMC” RANCHI Before Shri S.S, Godara, Judicial Member ITA No.21-24/Ran/2017 Assessment Year:2013-14 Shree Balaji Steel Works ACIT, CPC, बनाम / Marwari Para Road, Gaziabad V/s. Jugsalai, Jamshedpur-831006 [PAN No. ABBFS 3293 H] .. अपीलाथ" /Appellant ""यथ" /Respondent None आवेदक क" ओर से/By Assessee Shri Chandan Das, JCIT-DR राज"व क" ओर से/By Revenue ITA No.250-251/Ran/2018 Assessment Year:2013-14 (Q4-26Q)(Q-3-24Q)

M/s Comprehensive ACIT, Centrallised बनाम / Neomarketing System Pvt. Processing Cell-TDS, V/s. Ltd. Rattanlall Surajmull Aayakar Bhawan, Compound, C.N. Tower, 56- Sesctoro-3, Vaishali, Main Road, Ranchi-834001 Ghaziabad, U.P. [PAN No. AAECC 1221 E] 201010 .. अपीलाथ" /Appellant ""यथ" /Respondent

ITA No.252-255/Ran/2018 Assessment Year:2013-14 (Q2-26Q)(Q-2-24Q) Assessment Year:2014-15 (Q2-26Q)(Q1-26Q) C.N. Automobiles ACIT, Centrallised बनाम / Rattanlall Surajmull Processing Cell-TDS, V/s. Compound, C.N. Tower, 56- Aayakar Bhawan, Main Road, Ranchi-834001 Sesctoro-3, Vaishali, [PAN No. AAHFC 9438 P] Ghaziabad, U.P. 201010

ITA No.21-24/R/17, 250-259/R/18 AYs 13-14 Shri Balaji Steel Works, M/s Comprehensive Neomarketing Sy

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