Section 271H of the Income Tax Act

The amendment to Section 200A, enabling the levy of late filing fees under Section 234E, applies prospectively from June 1, 2015. Therefore, no fee under Section 234E can be levied via an intimation issued under Section 200A for periods prior to this date.

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.

Intimations issued under Section 200A cannot levy fee under Section 234E for belated filing of TDS statements that relate to periods prior to June 1, 2015, as the amendment to Section 200A allowing such levy is prospective from June 1, 2015.

The rule of consistency does not override the correct application of law and should not be applied if it leads to an anomalous outcome.

The amendment to Section 200A(1)(c) of the Income-tax Act, allowing for the levy of fees under Section 234E, is prospective in nature and applies only from June 1, 2015. Consequently, no fee under Section 234E can be levied for delayed filing of TDS/TCS statements pertaining to quarters prior to this date.

Receipt of a non-compete fee, even if it does not alter the assessee's business structure, impairs the carrying on of their activity, constituting a loss of a source of income.

Section 234E of the Income Tax Act, 1961, which levies a fee for delayed filing of TDS statements, is intra vires the Constitution. However, this fee cannot be levied for statements filed prior to June 1, 2015.

Each income tax assessment year is a self-contained period, and the rule of res judicata does not apply, meaning decisions from one assessment year are not binding on subsequent assessment years.

The amount collected in advance for a specific purpose is not considered income under sections 4 and 5 of the Income-tax Act, unless the assessee performs the function for which the amount was collected and the associated liability is discharged. Consequently, the entire amount with an attached liability cannot be taxed as income.