CA NeWs Beta*: Order of Hon'ble Kerla High court Staying recovery of Fees Under section 234E [1 Attachment]

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Wednesday, February 26, 2014

Order of Hon'ble Kerla High court Staying recovery of Fees Under section 234E [1 Attachment]



 

Efforts should be made and similar stay may be taken from Hon'ble Allahabad High court. 

The Karnataka High Court on Tuesday 19/02//2014 ordered issue of notice to the Ministry of Finance on petitions challenging Section 234E of the Income Tax Act, which imposes rigorous penalty for not filling statements of tax deducted or collected at the source (TDS/TCS) within the stipulated period.

Justice Jawad Rahim passed the order on the petitions filed by Adithya Bizorp Solutions India Pvt. Ltd. and 20 others questioning the notice issued to them by the I-T Department asking them to pay penal fees as prescribed in Section 234E.

The petitioners pointed out that Section 234E has taken away opportunities such as waiver of penal fee in case of reasonable delay in submission of statements, and appeals before various legal forums. Now, the petitioners said, TDS/TCS statements could not be submitted at all after the expiry of specified period if the penal fee of Rs. 200 per day is not paid.
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