NIRMAL TRADERS,AURANGABAD vs. ASSISTANT COMMISSIONER OF INCOME-TAX, CPC - TDS, GHAZIABAD

This batch of 11 appeals arises from different orders passed by the National Faceless Appeal Centre (NFAC), Delhi on 31-08-2021.

Briefly stated, the facts of the case are that the assessee is a firm and filed the TDS returns for the respective quarters belatedly. Based on that, the Assessing Officer (AO) levied late fees u/s.234E of the Income-tax Act, 1961 (hereinafter also called `the Act’). The assessee approached the ld. CIT(A) but without success. Aggrieved thereby, the assessee has approached the Tribunal.

We have heard the ld. DR and gone through the relevant material on record. There is no appearance on behalf of the assessee despite notice. As such, we are proceeding to dispose of the appeals ex parte qua the assessee but on merits.

The solitary issue raised in all the appeals is against the confirmation of fee u/s.234E imposed by the AO. The assessment years involved in these 11 appeals are 2013-14, 2014-15 and 2015-16, which shows that the fee u/s.234E has been imposed for the delay in furnishing the statements for quarters prior to 01-06-2015.

Section 200A deals with processing of statements of tax deducted at source. Clause (c) of section 200A(1) was inserted by the Finance Act 2015 w.e.f. 01-06-2015 providing for the levy of fee u/s.234E of the Act. In that view of the matter, such fee u/s.234E can be levied only for the default committed after 01-06-2015 and not prior to that.

In the result, all the appeals are allowed.