Fees & Penalty for late / Non filing of TDS Return

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No filing or Late filing of TDS returns or TDS statement shall invite 2 penal consequence 1.Fee for late filing U/s 234E and 2. Penalty for late filing or Non filing of TDS statement U/s 271H.

Fee U/s 234E for late filing of TDS Statement:
If you filed late income tax return, there is consequential penalty in form of interest u/s 234A if there was tax due as per return. Similarly in the same chapter new section 234E has been proposed to be effective from 1st of July 2012, with heading ‘Levy of Fee in certain case’ deductor will be liable to pay by way of fee of Rs 200 per day till the failure to file TDS statement continues, However, the total fee cannot exceed the amount of TDS deductible for which statement was required to be filed.
Penalty for late filing or non- filing TDS statement
Similarly a new penalty provision has been inserted as section 271H which provides that a deductor shall pay penalty of minimum Rs 10,000 to Rs 1 lakh for not filing the TDS statement within one year from the specified date within which he was supposed to file the statement. This amendment is also effective from 1st July 2012.

Thus, if the present due time for filing TDS statement is taken, the time up to which the penalty u/s 271H cannot be imposed are explained for any tax deduction for FY 2014-15
Sl. No
TDS Statement
Due date
Date up to which no penalty u/s 271H can
be imposed
1
30th June
15th July 2014
15th July 2015
2
30th September
15th October 2014
15th October 2015
3
31st December
15th January 2015
15th January 2015
4
31st March
15th May 2015.
15th May 2015
At the time of preparing statements of tax deducted, the deductor is required to mandatorily quote:
(i)  his tax deduction and collection account number (TAN) in the statement;
(ii) his permanent account number (PAN) in the statement except in the case where the deductor is an office of the Government( including State Government). In case of Government deductors “PANNOTREQD” to be quoted in the e-TDS statement;
(iii) the permanent account number PAN of all deductees;
(iv)furnish particulars of the tax paid to the Central Government including book identification number or challan identification number, as the case may be.
(v) furnish particular of amounts paid or credited on which tax was not deducted in view of the issue of certificate of no deduction of tax u/s 197 by the assessing officer of the payee.
RECOMMENDED READ  Provisions of mandatory Pre-deposit under Section 35 of the Central Excise Act, 1944
Latest Comments
  1. Raj Solanki

    Great information and advise, thanks for sharing the post. Really appreciate the work of author.
    TDS Return Form

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