Thursday, 30 January 2014

S. 234E: High Court grants interim stay on levy of fee for failure to file TDS statement

S. 234E: High Court grants interim stay on levy of 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). The constitutional validity of s. 234E has been challenged in the Kerala High Court. Vide an interim order dated 18.12.2013, the High Court has admitted the Petition and granted a stay of proceedings for a period of two months.  

Comments : 
The provisions of Sec 234E are not only arbitrary in nature but it is outcome of the brain of the most useless and most autocratic officers of the Govt of India who by sitting in the air conditioned offices want to harass the assessees.Let a similar fee be imposed upon the officers who show utter negligence to the repeated requests and bonafide representations made before them and who make the assessees visit their offices repeatedly for no fault of the assessees but who are not available in their chambers because they are chating and gossiping over cup of tea and are remaining non available for their personal purposes.The fees should be imposed upon them and should be recovered from hitheir coffers and not from the exchequer of the Govt.  


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