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In the result, the appeals filed by the assessee are allowed
Bench: Shri V. Durga Rao & Shri D.S. Sunder Singh
6-2015 under section 200A levying section 234E late fees is not valid.However, the High Court kept open the issue on constitutional validity of section 234E . The decision of Bombay High Court in Rashmikant Kundalia's case (supra) has already been referred in this regard, wherein the constitutional validity of section 234E has been upheld.[Para 32] • Accordingly, the amendment