In the result, the appeals filed by the assessee are partly allowed
Bench: S/Shri Chandra Poojari, Am & George George K., Jm
C The provisions of Section 234E is conferring arbitrary powers for imposition of late filing fee without providing the assesse an opportunity to explain the reasons for the delayed filing of the TDS statements. The constitutional validity of Section 234E is being considered by the various High Courts. The fee levied under Section 234E is akin to a penalty