Late filing fee u/s 234E

Rashmikant Kundalia vs. UOI (Bombay High Court)

S. 234E: The late filing of TDS returns by the deductor causes inconvenience to everyone and s. 234E levies a fee to regularize the said late filing. The fee is not in the guise of a tax nor is it onerous. The levy is constitutionally valid

The late submission of TDS statements means the Department is burdened with extra work which is otherwise not required if the TDS statements were furnished within the prescribed time.

This fee is for the payment of the additional burden forced upon the Department.

A person deducting the tax (the deductor), is allowed to file his TDS statement beyond the prescribed time provided he pays the fee as prescribed under section 234E of the Act.

In other words, the late filing of the TDS return/statements is regularised upon payment of the fee as set out in section 234E.

This is nothing but a privilege and a special service to the deductor allowing him to file the TDS return/statements beyond the time prescribed by the Act and/or the Rules.

We therefore cannot agree with the argument of the Petitioners that the fee that is sought to be collected under section 234E of the Act is really nothing but a collection in the guise of a tax

Comments

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

DVAT – Form T 2 form when to fill, what to do?

DVAT – Form T 2 form when to fill, what to do? The Trade and Taxes Department Delhi has issued a notification dtd. 17/05/2013 clarifying the requirements with regard to Form - T2 applicable to Purchasers/ Importers/ Dealers who are receiving goods from outside Delhi. Applicable to Whom Dealers having GTO more than or equal to Rs. 10 crores in the FY 2011-12. Exemption Dealers dealing exclusively in Tax Free Goods need not file T2. What if the turnover was not 10 crore in 2011-12 but exceeds limit in any subsequent year? T-2 shall become applicable from such subsequent year in which T/o exceeds Threshold limit. What if Turnover is 10 crores or more in one FY for example 2011-12 And then in subsequent FYs T/o is below 10 Crores what is the liability regarding T-2? Once the dealer becomes liable he shall have to file T-2 for all times to come. Even if T/o in subsequent FY is below 10 Cro...

N K GOEL AND BROS.

Search This Blog