INCOME TAX ACT, 1961

Section 234E

Fee under section 234E - Delay in filing of TDS statements - Leviability prior to 1-6-2015 -

Assessee for the assessment year 2013-14, delivered quarterly TDS statement as well as TDS return belatedly on 1-6-2013. AO processed quaryterly TDS return belatedly on 1-6-2013. AO processed quarterly TDS statement and return while issuing intimation under section 200A on 30-1-2014 and levied late filing fee under section 234E. Held: Amendment to section 200A with effect from 1-6-2015 was prospective, and thus AO got the jurisdiction/power to make adjustment only with effect from 1-6-2015 and, therefore, prior to 1-6-2015 it was not within jurisdiction of the AO to make adjustments on account of levy of late fee under section 234E. Accordingly, adjustments made by AO while issuing intimation under section 200A(1) was not sustainable.