Waiver of penalty u/s 234e

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

10 January 2014 Hello friends
I have an enquiry for late filling fee u/s 234E

Can this above fee be waived or not if yes then tell the remedy.

Ganeshbabu K

Ganeshbabu K (Expert)
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10 January 2014 tHERE IS NO REMEDY FOR THIS EXCEPT PAYING...
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If the deductor is charged penalty amount u/s 234E then this penalty has to be paid to the Income Tax Department using Challan No. 281, and this penalty cannot be waived under any circumstance.

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Ganeshbabu K

Ganeshbabu K (Expert)
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10 January 2014 The default amount will have to be deposited through challan no. 281. Download conso file from TRACES for filing correction and tag the paid challan without adding any deductee records. While filing correction, fill up the fee amount in ‘Fee’ column in challan detail.

Note: There is no need to send any communication to TDSCPC separately.

Late filing correction in RPUFor example: Due date of filling of TDS statement form 26Q for Quarter 4 is 15th May , however statement 26Q has been filed with the delay of two(02) days. So deductor is required to quote late filing fee of Rs. 400.00( Rs. 200.00*2) as given below:

The “column” number for quoting of “fee” form wise is as under:

Form Type

Fee Column

24Q 305
26Q 404
27Q 706
27EQ 656

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Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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11 January 2014 The constitutional validity of Section 234E has been challenged in the Kerala High Court in the case of

Narath Mapila LP School Vs UOI

and 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.