ALMOND BLOSSOM DECORAZIONE P.LTD,MUMBAI vs. DCIT CPC TDS GHAZIABAD, MUMBAI
What did the Tribunal hold?
The Tribunal found that the period involved was prior to June 1, 2015, and there was a need to examine the applicability of the Bombay High Court judgment. Therefore, the matter was remanded to the CIT(A) for a fresh decision.
What were the facts?
The assessee appealed against an order levying late filing fees under Section 200A for Quarters 3 and 4 of AY 2013-2014. The assessee conceded the demand for interest on late fees but contested the late filing fees.
What were the issues?
Whether late filing fees under Section 234E can be levied while processing a statement under Section 200A for periods prior to June 1, 2015, and the applicability of relevant High Court and Tribunal judgments.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SHRI D. KARUNAKARA RAO & SHRI AMARJIT SINGH
सुनवाई की तायीख / Date of Hearing : 03.10.2016 घोषणा की तायीख /Date of Pronouncement : 03.10.2016 आदेश / O R D E R PER D. KARUNAKARA RAO, AM: There are two appeals under consideration involving Quarter-3 and Quarter- 4 of the assessment year 2013-2014. Since, the issues raised in these appeals are inter-connected, therefore, for the sake of convenience, they are clubbed, heard together and disposed off in this consolidated order. Adjudication of these appeals is given in the following paragraphs of this order.
Briefly stated relevant facts of these cases are that AO passed assessment order u/s 200A of the Act in connection with levy of late filing fees for Quarter-3 and 4. In connection with the net payable for Quarter-3 works out to Rs. 53,720/- and for Quarter-4 is Rs. 29,260/-. These amounts include the interest on late payment amounting to Rs. 9,720/- for Quarter-3 and Rs. 9,255/- for Quarter-4. In connection with the above levy of the filing fees, assessee appealed to the first appellate authority.
During the proceedings before the first appellate authority, after considering the submissions of the assessee, CIT (A) dismissed the appeals. Aggrieved, assessee is in appeal before the Tribunal.
During the proceedings before us, at the outset, ld Counsel for the assessee submitted that the assessee does not press the demand sofaras the “interest on late fees for both the Quarters is concerned”. Accordingly, that part of the demand is sustained at the concession granted by the Ld Counsel for the assessee. 5. Regarding the balance of the demand raised u/s 200A of the Act, Ld Counsel for the assessee submitted that the order of the CIT (A) passed ex-parte and the CIT (A) has erroneously relied on the Bombay High Court judgment in the case of Rashmikant Kundalia vs. Union of India, dated 9th February, 2015. No citation is given in the orders of the CIT (A). Further, Ld Counsel for the assessee submitted that the case of the assessee is squarely covered by the order of the Tribunal in the case of Kash Realtors Pvt Ltd. vs. Anr. Vs. ITO & Anr, (47 CCH 0523) (Mum. Trib) and the decision of the ITAT, Ahmedabad in the case of Siddhi Vinayak Developers vs. DCIT, in & 2322/Ahd/2015, dated 14.10.2015. The cited decisions of the Tribunal are relevant for the proposition that while processing the statement u/s 200A of the Act, AO should not make any adjustment by levying fees u/s 234E of the Act for the period prior to 1.6.2015. Assessee was given relief in the said two cases relying on the decision of the ITAT, Chennai Bench in the case of Smt. G. Indhirani & Others vs. DCIT in ITA No.109/Mad/2015 apart from other decisions. 6. After hearing both the parties, we find, the period involved in the present appeal falls prior to 1.6.2015. In our opinion, there is a need for examining closely the applicability of the judgment of the Hon’ble Bombay High Court in the case of Rashmikant Kundalia (supra). Considering the above, we are of the opinion that this matter should be remanded to the file of the CIT (A) for fresh decision in the light of the above cited decisions of the Tribunal (supra) as well as the decision relied upon by the CIT (A) and after comparing the facts of the said cases to the facts of the present case. Assessee is also directed to ensure his appearance before the CIT (A) to avoid further ex-parte orders, if any. With the above directions, both the appeals
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