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06-6-2019, Sindh Punjab Mercantile, Section 200A, 234E, 200, Tribunal Indore

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3 months 1 week ago #9695 by amit
Section - 200A, 234E, 200, 206C
Order Date - 06-06-2019
Favouring - Assessee
Court - Tribunal Indore
Appellant - Sindh Punjab Mercantile Credit Sahkarita Ltd.
Respondent - ITO
Justice - KUL BHARAT JM & MANISH BORAD AM
Citation - 619Taxpundit111
Appeal No. - ITA No.573/Ind/2018
Asstt. Year - 2014-15

Order

PER : KUL BHARAT

The above captioned bunch of 29 appeals are at the instance of respective assessees and are directed against the orders of Ld. Commissioner of Income Tax(Appeals), Indore, (in short ‘CIT(A)’). As the issue raised in all these appeals are similar, these were heard together and are being disposed of by this common order for the sake of convenience and brevity.

2. From perusal of the grounds we find that only one issue needs to be adjudicated as to whether the Revenue authorities were justified in levying the late fees u/s 234E of the Act while processing the statement of tax deducted at source u/s 200A of the Act( before the amendment was brought in w.e.f. 01.06.2015 in the provisions of section 200A of the Act).

3. Brief facts common in all these appeals are that the appellant was required to file the statement of tax deducted at source for the respective quarter but failed to do so within the due date prescribed in the law for filing such quarterly TDS returns. As per the provisions of section 234E of the Act, fee for default in furnishing the statement is leviable if the statement of TDS are not delivered within the time prescribed in sub-section (3) of section 200 or the proviso to sub-section (3) of section 206C of the Act.

4. The revenue authorities have levied the late fees for default in furnishing the statement in the processing of statement of tax deducted at source prepared u/s 200A of the Act. Against the levy of late fee u/s 234E in the statement processed u/s 200A of the Act, appeals were preferred by the assessee(s) for respective quarters for the respective assessment years before Ld. CIT(A) pleading that before the amendment was brought in by the Finance Act, 2015 w.e.f. 01.06.2015,the revenue authorities were not having the powers to levy the late fees u/s 234E of the Act in the statement processed u/s 200A of the Act.

5. However, assessees failed to succeed in all these 29 appeals before Ld. CIT(A) and now the assessees are in appeals before the Tribunal raising the above referred common issue.

6. At the outset, Ld. respective Counsels for the assessees submitted that the common issue is squarely covered in favour of the assessees by the following decisions of the Coordinate Bench:

1.Mentor India Limited vs. DCIT (ITANo.738/JP/2016 order dated 16.12.2016)

2. SudershanGoyal vs. DCIT (TDS) (ITANo.442/Agra/2017 order dated 09.04.2018)

3. State Bank of India, Gwalior vs. CIT(A) (ITANo.03/Ag/2018 order dated 31.05.2018.)

4. State Bank of India, GendaChowk and others vs. DCIT(TDS), (ITANos. 727 & 737/Ind/2017 and others dated 13.11.2018.

5. M/s. Madhya Pradesh Power Transmission Ltd. & others Vs. DCIT (TDS) (ITA Nos.740 & 741/Ind/2014 and others dated 20.12.2018).

7. Ld. Counsels further submitted that in the above referred decisions of the Tribunal, Judgments of Hon'ble High Court of Karnataka in the case of Fatehraj Singhvi vs. UOI (2016) 73 Taxmann.com 252 (Karn) (HC) favouring the assessee and the judgment of Hon'ble High Court of Gujarat in the case of Rajesh Kaurani vs. UOI (2017) 83 Taxmann.com 137 (Guj) held against the assessee were duly considered and thereafter following the judgment of Hon'ble Apex Court in the case of CIT vs. Vatika Township Pvt. Ltd. (2014) 367 ITR 466(SC) and the judgment of Apex Court in the case of CIT vs. Vegetable Products ltd. (1973) 88 ITR 192(SC) Hon'ble Tribunal took a view that if there is a cleavage of opinion between different Courts on an issue, the one in favour of the assessee needs to be followed. Accordingly, in the above referred decisions of the Tribunal the view favouring the assessee taken by the Hon'ble High Court of Karnataka in the case of Fatehraj Singhvi (supra) has been followed holding that amendment brought in w.e.f. 01.06.2015 in section 200A of the Act is prospective in nature, therefore, no computation for fee for demand or intimation u/s 234E of the Act could have been made for TDS deducted in respective of statements prepared/procured prior to 01.06.2015 and processed u/s 200A of the Act.

8. Ld. Counsels for the assessees further placed reliance on the decision of I.T.A.T., Indore Bench in the case of State Bank of India, Genda Chowk and others dated

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