Tribunal held that in the present case, the quarterly TDS return for the fourth quarter of FY 2014-15 was belatedly filed by the assessee on 27.06.2015 and subsequently processed on 30.06.2015 i.e. both filing and process of return happened after the amendment was brought in the statute. However, since the delay is continuous and extends beyond 1 June 2015, the delay from the period 1 June 2015 up to the date of the TDS Return i.e. 27 June 2015 will attract the levy of fees u/s 234E of the Act while there shall be no levy of fees for the period prior to 1 June 2015.
Vkare Bio Sciences Pvt. Ltd. v. DCIT(TDS), (2021) 213 TTJ 889 / 206 DTR 257 (Delhi)(Trib.)
S. 234E : Fee-Default in furnishing the statements-Delay in filing TDS statement up to 1 June 2015 would not attract fee under section 234E since amendment to section 200A of the Act enabling the AO to make adjustment on account of late filing fee while processing TDS return is prospectively effective from 1 June 2015. However, in case the delay is continuing from prior to 1 June 2015, fees shall be leviable from 1 June 2015 up to the date of filing the TDS return. [S. 200A]