Limited & Anr vs Union Of India & Ors
2021 Latest Caselaw 4278 Cal

16.8.2021
   ks                       WPA 29660 of 2014
 sl. 3
              Shristi Infrastructure Development          Corporation
            Limited & Anr.
                                 Vs
                         Union of India & Ors.

            Mr. Asim Choudhury
                        ... For the Petitioners.


                 Learned Advocate for the petitioners is present.

                 None appears for the respondents.

In this writ petition the petitioners have challenge

the Constitutional validity of Section 234E of the

Income Tax Act imposing fees for default in furnishing

the statement and the subsequent action. It has been

brought to my notice that the issue now stands settled

by the judgment of various High Courts holding the

provisions of Section 234E of the Act as

Constitutionally validity.

The first decision is of the Hon'ble Karnataka High

Court in the case of Lakshminirman Bangalore(P) Ltd.

vs. Deputy Commissioner of Income-tax, Ghaziabad,

reported in (2015) 60 taxmann.com 144(Karnataka).

The second decision is of the Hon'ble Bombay High

Court, in the case of Rashmikant Kundalia vs. Union

of India, reported in (2015) 54 taxmann.com

200(Bombay) and the third decision is of the Hon'ble

Kerala High Court, in the case of Sree Narayana Guru

Smaraka Sangam Upper Primary School, reported in

(2017) 77 taxmann. com 244 (Kerala).

Concurring with the views taken by these High

Courts, I also hold Section 234E of the Income Tax

Act, 1961 as Constitutionally valid.

Accordingly, WPA 29660 of 2014 is dismissed.

Interim order, if any, stands vacated.

( Md. Nizamuddin, J. )