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Income Tax Appellate Tribunal, NAGPUR BENCH
Before: SHRI R.S.SYAL & SHRI S.S.VISWANETHRA RAVI
आदेश / ORDER
PER R.S.SYAL, VP:
This appeal by the assessee arises from the order passed by the
National Faceless Appeal Centre (NFAC), Delhi on 07-12-2021. The
only issue raised in this appeal is against the charging of interest
u/s.234E for the quarter of the assessment year 2014-15.
Briefly stated, the facts of the case are that the assessee is a
Nationalised Bank and filed the TDS return for the captioned quarter
belatedly. Based on that, the Assessing Officer (AO) levied late fees
2 ITA No.290/Nag/2022 Bank of India
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 both the sides and gone through the relevant
material on record. The solitary issue raised in this appeal is against
the confirmation of fee u/s.234E imposed by the AO. The assessment
year involved in this appeal is 2014-15, which shows that the fee
u/s.234E has been imposed for the delay in furnishing the statement for
quarter 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.
The Hon’ble Kerala High Court in Olari Little Flower Kuries Pvt. Ltd.
Vs. Union of India and others (2022) 440 ITR 26 (Kerala) has affirmed
the non-imposition of fee for the period prior to 01-06-2015. Similar
view has been taken in Jiji Varghese VS. ITO(TDS) & Ors. (2022) 443
ITR 267 (Ker) holding that no interest u/s 234E can be imposed for the
periods of the respective A.Ys. prior to June 1, 2015. Thus, it is seen
3 ITA No.290/Nag/2022 Bank of India
that the issue raised in this appeal is covered in favour of the assessee.
Following the precedent, we overturn the impugned order on this sole
issue.
In the result, the appeal is allowed.
Order pronounced in the Open Court on 25th July, 2023.
Sd/- Sd/- (S.S. VISWANETHRA RAVI) (R.S.SYAL) JUDICIAL MEMBER VICE PRESIDENT
पुणे / Pune; �दनांक / Dated : 25th July, 2023 Satish
आदेश क� ��त�ल�प अ�े�षत / Copy of the Order forwarded to : अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. 3. The concerned CIT. �वभागीय �!त!न"ध, आयकर अपील�य अ"धकरण, “नागपुर” ब&च, 4. / DR, ITAT, “Nagpur” Bench गाड) फ़ाइल / Guard File. 5. // True Copy // आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपील�य अ"धकरण, पुणे / ITAT, Pune
4 ITA No.290/Nag/2022 Bank of India
Date 1. Draft dictated on 24-07-2023 Sr.PS 2. Draft placed before author 25-07-2023 Sr.PS 3. Draft proposed & placed JM before the second member 4. Draft discussed/approved JM by Second Member. 5. Approved Draft comes to Sr.PS the Sr.PS/PS 6. Kept for pronouncement on Sr.PS 7. Date of uploading order Sr.PS 8. File sent to the Bench Clerk Sr.PS 9. Date on which file goes to the Head Clerk 10. Date on which file goes to the A.R. 11. Date of dispatch of Order. *