Fateh Raj Singhvi & Ors. v. UOI

Red Rooster Performance (International) Private Limited, Bangalore vs. The Income Tax Officer, Ward-3(1), TDS, Bangalore

In the result, the appeal filed by the assessee is allowed

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahured Rooster Performance Vs The Income Tax Officer (International) Pvt. Ltd. Ward 3(1), Tds B-10, Ngef Industrial Estate Hmt Building, Bellary Road Whitefield Road Bangalore 560032 Mahadevapura Post Bangalore 560048 Pan – Aaecr1751N (Appellant) (Respondent) Appellant By: Mrs. Sunaina, Ca Respondent By: Shri K.R. Narayana, Addl. Cit Date Of Hearing: 02/08/2022 Date Of Pronouncement: 05/08/2022 O R D E R Per: L.P. Sahu, A.M. This Is An Appeal Filed By The Assessee Against The Din & Order No. Itba/Nfac/S/250/2022-23/1042909630(1) Of The Learned Cit(A), Nfac, Delhi In Appeal Dated 29.04.2022 For Ay 2014-15. 2. The Solitary Substantial Issue Raised By The Assessee Challenges Levying Of Late Fee Under Section 234E Of The Income Tax Act (The Act) For The Delay In Remittance Of Tds. 3. The Brief Facts Of The Case Are That The Assessee Is Engaged In The Business Of Designing, Modification, Manufacture, Trading Of Prototype

…34E of the Act through an intimation u/s 200A of the Act for the period prior to 01.06.2015 has been decided in favour of the assessee by the judgment of the Hon’ble Karnataka High Court in the case of Sri Fatheraj Singhvi v. Union of India & Ors. reported in 289 CTR 602 (Kar.). The relevant portion of the judgment reads as follows:- “In view of the aforesaid observations and discussion, two aspects may transpire one, for section 234E providing for fee and given privilege to the defaulter if he pays the fee and hence, when a privilege is given for a particular purpose which in the present case is to come out from…