The Income Tax Appellate Tribunal (ITAT), Vishakhapatnam bench has held that the levy of late fee under section 234E of the Income Tax Act, 1961 is leviable on the belated filing of TDS quarterly returns.
The assessee, Superintendent of Jails, has filed TDS Quarterly returns in Form No.24Q beyond due date specified under the Act. Subsequently, the AO assessed TDS quarterly returns filed by the assessee and passed intimation orders under section 200A of the Income Tax Act, 1961 for the AY 2016-17, 2018-19 & 2019-20 and levied late filing fee under section 234E of the Act on account of delayed filing of the TDS returns for the AYs under consideration. However, the Commissioner (Appeals) rejected their plea and confirmed the addition.
The department contended that the Assessing Officer rightly invoked the provisions of section 234E of the Act and computed the late fees because the TDS quarterly returns were filed belatedly after 1/6/2015 from which date the amended provisions of section 200A come into force.
Accepting the above contentions of the department, the Tribunal bench comprising Shri Duvvuru Rl Reddy, Judicial Member & Shri S Balakrishnan, Accountant Member observed that the TDS quarterly returns were filed belatedly after 1/6/2015 ie., the date of insertion of section 200A by Finance Act, 2015 w.e.f 1/6/2015.
“Therefore, on merits, we have no hesitation to come to a conclusion that the late fees levied by the Ld.AO is in accordance with the provisions of section 234E of the Act and therefore the decision of the Ld. AO does not call for any interference,” the Tribunal said.
Comments