SH. JASBIR SINGH ANAND,JADADHRI vs. ACIT, CPC (TDS), GHAZIABAD

In the result all the above appeals of the assessee are allowed

Bench: Shri N.K. Saini & Shri Sanjay Garg

TDS statements / returns in the present set of appeals for the period prior to 01.06.2015, was not empowered to charge fees under section 234E of the Act. Hence, the intimation issued by the Assessing Officer under section 200A of the Act in all these appeals does not stand and the demand raised by way of charging the fees under section

SH. JASBIR SINGH ANAND,JADADHRI vs. ACIT, CPC (TDS), GHAZIABAD

In the result all the above appeals of the assessee are allowed

Bench: Shri N.K. Saini & Shri Sanjay Garg

TDS statements / returns in the present set of appeals for the period prior to 01.06.2015, was not empowered to charge fees under section 234E of the Act. Hence, the intimation issued by the Assessing Officer under section 200A of the Act in all these appeals does not stand and the demand raised by way of charging the fees under section

HP AGRO INDUSTRIES CORP. LTD.,PARWANOO vs. ACIT, CPC (TDS), VAISHALI

In the result, the appeal of the assessee is allowed

Bench: Shri N.K. Saini & Shri R.L Negiआयकरअपीलसं./Ita No. 1072/Chd/2018 "नधा"रणवष" / Assessment Year : 2015-16 M/S H.P. Agro Industries The Asstt. Cit, बनाम Corporation Ltd., Centralized Processing Cell-Tds, Plot No. 8, Bangluru Pesticide Unit, Parwanoo (H.P) "थायीलेखासं./Pan No: Ptlh11428E अपीलाथ"/Appellant ""यथ"/Respondent Hearing Through Video Conferencing "नधा"रतीक"ओरसे/Assessee By : Shri Manoj Kumar, Advocate राज"वक"ओरसे/ Revenue By : Smt. Meenakshi Vohra, Addl. Cit(Dr)

TDS return was 15.07.2014 for the period between 01.04.2014 to 30.06.2014 and amendment of section 200A(1) (c ) of Income Tax Act come into force on 01.06.2015. Therefore law applicable prior to should have applied while deciding case of appellant alternatively. 2

SH. SAURABH KAUSHIK,PANCHKULA vs. ITO, WARD 2(1), CHANDIGARH

In the result, the appeal of the assessee is dismissed

Bench: The Disposal Of The Same.

TDS statement in Form 27Q as required under section 200(3) was filed on 21/11/2020 as against the due date of 31/07/19, the same was processed and the AO passed the order under section 200A on 26/11/2020 wherein the AO levied late fee under section 234E amounting to Rs. 95,800/-. The assessee carried matter in appeal before

BATRA EXPORTS,FAZILKA vs. DCIT, |TDS,, LUDHIANA

In the result, both the appeals are allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

2. impugned notices u/s 200A of the Act for computation and intimation for payment of fee cannot be issued as the TDS returns relate to quarter ending before 01.06.2015. So, the fee imposed is liable to be quashed. 3. That not only TDS was paid before 01.06.2015 but also TDS Return was fded before 01.06.2015. So, the fee u/s 234E

BATRA EXPORTS,FAZILKA vs. DCIT, |TDS,, LUDHIANA

In the result, both the appeals are allowed

Bench: SHRI. AAKASH DEEP JAIN (Vice President), SHRI. VIKRAM SINGH YADAV (Accountant Member)

2. impugned notices u/s 200A of the Act for computation and intimation for payment of fee cannot be issued as the TDS returns relate to quarter ending before 01.06.2015. So, the fee imposed is liable to be quashed. 3. That not only TDS was paid before 01.06.2015 but also TDS Return was fded before 01.06.2015. So, the fee u/s 234E

M/S SONALAC PAINTS AND COATINGS LIMITED,CHANDIGARH vs. DCIT, CPC (TDS), VAISHALI JURISDICTION AT ITO, TDS-1, CHANDIGARH

In the result, both appeals of the assessees are allowed

Bench: Smt. Diva Singh & Smt. Annapurna Guptaassessment Year: 2013-14 M/S Sonalac Paints & Coatings Ltd., Vs. The Dcit, Sco Plot No. 768, Indl. Area, Cpc(Tds),Vaishali , Phase-Ii, Chandigarh. Ghaziabad Pan No. Aaics4995D Current Jurisdiction: Ito(Tds-1)Chandigarh. & Assessment Year: 2013-14 M/S Nagpal Trading Co., Vs. The Dcit, Sco No. 1037, Sector 22-B, Cpc(Tds),Vaishali , Chandigarh. Ghaziabad Pan No. Aaefn0052F Current Jurisdiction: Ito(Tds-1)Chandigarh

TDS) ITA 731 to 735/CHD/2015 dated 29.10.2015 2. Sibia Healthcare Pvt. Ltd. Vs DCIT (2015) 121 DTR 81 (Amritsar) 6. At this juncture, the ld. DR pointed out that the Hon'ble Gujarat High Court in the case of Rajesh Kourani Vs UOI reported in 83 Taxman.com 137/ 297 CTR 502 had held that the amendment made to Section 200A

M/S CHILL POINT ENGINEERS PVT LTD,CHANDIGARH vs. DEPUTY COMMISSIONER OF INCOME TAX, GAZIABAD

In the result, all appeals of the assessees are allowed

Bench: Shri Sanjay Garg & Smt. Annapurna Guptaassessment Year: 2013-14 M/S Chill Point Engineers P.Ltd., Vs. The Dcit, H.No. 2217, Hem Kutir, Cpc(Tds), Vaishali, Mani Majra, Ghaziabad Chandigarh. Current Jurisdiction: Pan No. Aabcc5144R Ito(Tds-1)Chandigarh. & Assessment Year: 2013-14

TDS) ITA 731 to 735/CHD/2015 dated 29.10.2015 2. Sibia Healthcare Pvt. Ltd. Vs DCIT (2015) 121 DTR 81 (Amritsar) 6. At this juncture, the ld. DR pointed out that the Hon'ble Gujarat High Court in the case of Rajesh Kourani Vs UOI reported in 83 Taxman.com 137/ 297 CTR 502 had held that the amendment made to Section 200A

PRINCIPAL RAJIV GANDHI GOVT. AYURVEDIC COLLEGE ,PAPROLA vs. ACIT, CPC, TDS, GHAZIABAD (ITO, TDS), PALAMPUR

In the result, both the appeals of the assessee are dismissed

Bench: Smt. Diva Singh & Ms. Annapurna Gupta

200A of the Income Tax Act,1961 (hereinafter referred to as” Act”), by the Ld. CIT(A), Palampur(H.P.) 2. The issue raised in both the above appeals are common, relating to charging of fees under section 234E of the Act on account of late filing of TDS

PRINCIPAL RAJIV GANDHI GOVT. AYURVEDIC COLLEGE ,PAPROLA vs. ACIT, CPC, TDS, GHAZIABAD (ITO, TDS), PALAMPUR

In the result, both the appeals of the assessee are dismissed

Bench: Smt. Diva Singh & Ms. Annapurna Gupta

200A of the Income Tax Act,1961 (hereinafter referred to as” Act”), by the Ld. CIT(A), Palampur(H.P.) 2. The issue raised in both the above appeals are common, relating to charging of fees under section 234E of the Act on account of late filing of TDS

ST. BEDES EDUCATIONAL SOCIETY,,SHIMLA vs. DCIT, CPC (TDS), VAISHALI

In the result, the appeal of the assessee is hereby allowed

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumarassessment Year : 2013-14

2 processing the TDS return u/s 200A of the Act, prior to 01.06.2015, and that as per the provisions of Section

M/S LOTUS MACHINES PVT. LTD.,CHANDIGARH vs. DCIT, CPC (TDS-1), VAISHALI CURRENT JURISDCITION ITO (TDS-1), CHANDIGARH

In the result, the appeal of the assessee is hereby allowed

Bench: Shri Sanjay Garg & Dr. B.R.R. Kumarassessment Year : 2013-14

2 assessee stated that the fees in the present case was levied while processing the TDS return u/s 200A of the Act, prior to 01.06.2015, and that as per the provisions of Section

NAVPREET SINGH BHASIN,CHANDIGARH vs. ITO, TDS-2, CHANDIGARH

In the result, all the appeals are allowed for statistical purposes

Bench: Smt. Diva Singh & Shri Vikram Singh Yadav

2. During the course of hearing, the ld. A/R submitted that it is a case where late filing fee under section 234E has been levied by the CPC while processing the quarterly TDS returns for the financial years 2012-13, 13-14 & 14-15. It was submitted that there was no provision for levying fee under section 200A

M/S STEEL STRIPS WHEELS LIMITED,CHANDIGARH vs. DCIT (TDS), CHANDIGARH

In the result, the appeal of the assessee is

Bench: Shri Sanjay Garg & Ms. Annapurna Guptam/S Steel Strips Wheels Limited, Vs. The D.C.I.T.(Tds), Sco 49-50, Sector 26, Sector 17E, Chandigarh. Chandigarh. Pan: Aaccs3003L (Appellant) (Respondent)

Section 192. Therefore the appeal of the assessee against the rectification order u/s 154 should have been allowed and interest of Rs.231226/- u/s 201(1 A) should have been deleted. 2. That the assessee is not in default for late deposit of TDS u/s 192 and not liable for interest amounting to Rs.231226/- u/s 201(1 A) as the TDS

M/S N.N. FOREX TRAVEL SERVICES PVT. LTD.,MOHALI vs. DCIT (CPC), TDS, , GHAZIABAD

Bench: Ms Diva Singh & Ms. Annapurna Gupta

2. Briefly stated TDS returns filed by the assessee were processed and intimation sent to the assessee u/s section 200A