TDS Return Late fee u/s 234E can be levied only after 01-06-2015: ITAT

In matter of M/s. Maruti Steel Fab vs ACIT CPC noted that fee for default in furnishing the TDS statements have been imposed on the assessee u/s. 234E of the Act for the 2nd quarter of the financial year 2012-13 (A.Y. 2013-14).

As per ITAT “Section 200A deals with processing of TDS statements of tax deducted at source and Clause (c) of sub-section (1) of section 200A was inserted by the Finance Act 2015 w.e.f. 01-06-2015 providing for the levy of fee u/s.234E of the Act. In such circumstances, levy of such fee u/s.234E can be levied only after 01-06-2015 for the default committed by the assessee.”

ITAT Found that the period covered in the present subject appeal before us is Quarter 2nd of financial year 2012-13 (A.Y. 2013-14). Therefore, the tribunal held that the amendment by insertion of Clause (c) to sub-section (1) of section 200A of the Act is not applicable, therefore, the order of CIT(A), NFAC, Delhi is not justified and it is set aside.

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