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“Section 201(1)”

Section References (mined)Section 201Section 201(1)1,701 judgments

The decision most relied on for Section 201(1) is Kourani v. Union OF India (83 Taxmann.com 137), cited in 1,708 judgments on BharatTax.

Leading authorities on Section 201(1)

Kourani v. Union OF India
83 Taxmann.com 137 · 2017 · High Court
1,708
citing judgments

The fee under Section 234E for late filing of TDS/TCS statements cannot be levied retrospectively by processing an intimation under Section 200A for defaults occurring before the amendment allowing such processing.

Fateh Raj Singhvi & Ors. v. UOI
289 CTR 602 · 2016 · High Court
844
citing judgments

A fee under Section 234E cannot be levied or adjusted in an intimation under Section 200A for TDS statements pertaining to periods prior to June 1, 2015, as the enabling amendment to Section 200A(1)(c) came into effect only from that date.

Rashmikant Kundalia v. Union of India
54 Taxmann.com 200 · 2015 · High Court
702
citing judgments

Section 234E, levying late fees for delayed filing of TDS statements under section 200(3), is constitutionally valid and constitutes a compensatory fee, not a punitive penalty. Before treating any person as an assessee-in-default, an opportunity of being heard must be provided.

GE India Technology Centre Pvt. Ltd. v. CIT
327 ITR 456 · 2010 · Supreme Court
663
citing judgments

Tax must be deducted at source from payments made to a non-resident under Section 195 only if such payment is chargeable to tax in India. The Assessing Officer bears the onus to establish that the payments made are indeed chargeable to tax under the Income Tax Act.

Hindustan Coca Cola Beverage Pvt. Ltd. v. CIT
293 ITR 226 · 2007 · Supreme Court
576
citing judgments

The deductor cannot be treated as an assessee-in-default under Section 201(1) if the deductee has already paid the tax or offered the impugned receipts in their return of income. However, interest under Section 201(1A) for delayed deposit of tax can still be levied up to the date of filing of the return of income by the deductee.

Gajanan Constructions v. DCIT
74 Taxmann.com 6 · 2016 · ITAT
465
citing judgments

Late fees under section 234E can only be levied prospectively from June 1, 2015. Levying late fees for periods prior to this date is not permissible.

Dundlod Shikshan Sansthan v. Union of India
63 Taxmann.com 243 · 2015 · High Court
397
citing judgments

The imposition of fees for late filing of TDS/TCS returns prior to the Finance Act, 2015 amendments was not illegal, and the Rajasthan High Court found no justification to interfere with such compensatory fees.

CIT v. Ansal Land Mark Township (P) Ltd.
377 ITR 635 · 2015 · High Court
369
citing judgments

The second proviso to Section 40(a)(ia), introduced by the Finance Act, 2012, is curative and applies retrospectively from April 1, 2005. Consequently, if the recipient of a payment has filed their return and paid taxes on the amount from which tax was not deducted at source, the payer's expenditure cannot be disallowed under Section 40(a)(ia).

Judgments citing Section 201(1)

Moreshwar Builders and Developers & Tejas Superstrctures Private Limited, Mumbai vs. Income Tax Officer Ward 3(2), Kalyan

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

ITA 3448/MUM/2025[2020-21]Status: DisposedITAT Mumbai24 Sept 2025AY 2020-21

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2020-21 Moreshwar Builders & Income Tax Officer, Developers & Tejas Ward-3(2), Superstructures Vs. 2Nd Floor, Rani Mansion, Private Limited Jv, Kalyan Murbad Road, A-01, Shubhvastu Apartment, Above Canara Bank, Pandit Dindayal Road, Kalyan Dombivli West, Maharashtra-421301. Thane, Maharashtra-421202. Pan : Aabam6975E (Appellant) (Respondent) For Assessee : None For Revenue : Shri Annavaram Kosuri, Sr.Dr Date Of Hearing : 23-09-2025 Date Of Pronouncement : 24-09-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Addl/Jcit(A)-2, Ahmedabad, Dated 13-03-2025, Pertaining To Assessment Year (Ay) 2020-21, Wherein The Assessee Has Taken The Following Grounds Of Appeal:

For Appellant: NONEFor Respondent: Shri Annavaram Kosuri, Sr.DR
Section 143(1)Section 194CSection 201Section 40

Ld.CIT(A) failed to appreciate that - (i) the Appellant cannot be treated as "assessee - in - default" in view of first proviso to section 201 (1) of the Act; and (ii) the case of the Appellant falls within the purview of second proviso to section ... that the Ld.CIT(A) has failed to appreciate that the assessee cannot be treated as assessee-in-default under the 1st proviso to section 201(1) of the Act and the assessee‟s case thus falls within the 2nd proviso to section 40(a)(ia) of the Act and thus

Rashtriya Madhyamik Shiksha Abhiyan, Shimla vs. Deputy Commissioner of Income Tax, TDS Circle Panchkula, Panchkula

The appeal stand allowed for statistical purposes

ITA 402/CHANDI/2025[2016-17]Status: DisposedITAT Chandigarh22 Sept 2025AY 2016-17

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 402/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2016-17) Rashtriya Madhyamik Shiksha Abhiyan Dcit बनाम/ Dpep Bhawan, Below Main Bus Stand Tds Circle Vs. Lalpani (Hp) 171001 Panchkula. "थायीलेखासं./जीआइआरसं./Tan/Gir No. Ptlr-13197-C (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Sh. Aman Singhi (Ca) (Virtual) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Tarundeep Kaur (Cit)(Virtual) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 04-09-2025 घोषणाकीतारीख /Date Of Pronouncement : 22-09-2025 आदेश / O R D E R Per Laliet Kumar () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2016-17 Arises Out Of An Order Of Learned Addl. / Joint Commissioner Of Income Tax (Appeals), Indore [Cit(A)] Dated 20-01-2025 In The Matter Of An Order Passed By Ld. Ao U/S 201(1) / 201(1A) On 29-12-2017 Raising Certain Demand Against The Assessee For Default In Tds Provisions Of Sec.194C. The Ld. Cit(A) Confirmed The Same For Want Of Any Representation From The Assessee. Aggrieved, The Assessee Is In Further Appeal Before Us. The Only

For Appellant: Sh. Aman Singhi (CA) (Virtual) – Ld. ARFor Respondent: Smt. Tarundeep Kaur (CIT)(Virtual) – Ld. DR
Section 194CSection 201(1)

1 IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, CHANDIGARH VIRTUAL HEARING BEFORE HON’BLE SHRI LALIET KUMAR, JM AND