Stay granted on penal fee u/s 234E for late filing of tds return

Rashmikant Kundalia vs. UOI (Bombay High Court)

S. 234E: High Court grants ad-interim stay against operation of notices levying fee for failure to file TDS statement

S. 234E of the Income-tax Act, 1961 inserted by the Finance Act, 2012 provides for levy of a fee of Rs. 200/- for each day's delay in filing the statement of Tax Deducted at Source (TDS) or Tax Collected at Source (TCS). A Writ Petition to challenge the validity of s. 234E has been filed in the Bombay High Court. The Petition claims that assessees who are deducting tax at source are discharging an administrative function of the department and that they are a "honorary agent" of the department. It is stated that this obligation is onerous in nature and that there are already numerous penalties prescribed for a default. It is stated that the fee now levied by s. 234E is "exponentially harsh and burdensome" and also "deceitful, atrocious and obnoxious". It is also claimed that Parliament does not have the jurisdiction or competence to impose such a levy on tax-payers.

The Bombay High Court has, vide order dated 28.04.2014, granted ad-interim stay in terms of prayer clause (d) i.e. stayed the operation of the impugned notices levying the fee.

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CBDT Instruction No 5/2014 dated 10.07.2014

Dear Members, The Hon'ble CBDT has issued Instruction No 5/2014 dated 10.07.2014 , by which the monetary limits for filing appeals to ITAT / HIGH COURT / SUPREME COURT have been revised. The New limits are: Tax effect Appeal before ITAT Rs. 4,00,000/- High Court Rs. 10,00,000/- Supreme Court Rs. 25,00,000/- Copy of Instruction is attached for your information.

DVAT UPDATE + INCOME TAX UPDATE

Respected Members, Greetings for the day, This is for your information please: 1. Due date for E-filing DP-1 Form extended to 31.3.16 Notn. No. 1559 dt. 1.3.16. 2. Due date for E-filing CST Form-9 extended to 31.3.16 Cir. No. 39 dt. 29.2.16. 3. Due date for E-filing of CR-II for 1 to 3 Qtrs., 15-16 extended to 15.3.16 Notn. No. 1572 dt. 1.3.16. 4. Now Digital Signatures shall be Mandatory for filing DVAT returns w.e.f. 4th Qtr.,15-16 for dealers having turnover above 50 lakhs Notn. No. 1585 dt. 1.3.16. CA YASHU GOEL 9899263490 VICE PRESIDENT SALES TAX BAR ASSOCIATION

Companies (Management and Administration) Second Amendment Rules, 2014

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