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.

Before understanding the penalty provisions for failure to furnish the statement of Tax Deducted at Source or statement of Tax Collected as Source (i.e. commonly known as TDS/TCS return) we shall first have a look at the few basic duties of a person liable to deduct/collect tax at source and due dates for filing of TDS/TCS return.

Duties of the person liable to deduct/collect tax at source

  • He shall obtain Tax Deduction Account Number or Tax Collection Account Number (as the case may be) and quote the same in all the documents pertaining to TDS/TCS.
  • He shall deduct/collect the tax at source at the applicable rate.
  • He shall pay the tax deducted/collected by him to the credit of the Government.
  • He shall file the periodic TDS/TCS statements, i.e., TDS/TCS return.
  • He shall issue the TDS/TCS certificate in respect of tax deducted/collected by

Due Dates for filing of TDS/TCS return

The due dates for filing of TDS/TCS return for different quarters of Financial Year 2015- 16 and Financial Year 2016-17 are as follows:

Financial Year 2015-16

Quarter endingDue date for filing
of TDS return by
Government
deductor
Due date for filing
of TDS return by
any other deductor
Due date for
filing of TCS
return
30th June 201531st July 201515th July 201515th July 2015
30th September 201531st October 201515th October 201515th October 2015
31st December 201531st January 201615th January 201615th January 2016
31st March 201615th May 201615th May 201615th May 2016

Financial Year 2016-17

Quarter endingDue date for filing of TDS
return (Both for
Government and other
Deductor)
Due date for filing of
TCS return
30th June 201631st July 201615th July 2016
30th September 201631st October 201615th October 2016
31st December 201631st January 201715th January 2017
31st March 201715th May 201715th May 2017

Basic provisions

A person who fails to file the TDS/TCS return or does not file the TDS/TCS return by the due dates prescribed in this regard has to pay late filing fees as provided under section 234E and apart from late filing fees he shall be liable to pay penalty under section 27111. In this part you can gain knowledge about the provisions of section 234E and section 27H.

Late filing fees under section 234E

As per section 234E, where a person fails to file the TDS/TCS return on or before the due date prescribed in this regard, then he shall be liable to pay, by way of fee, a sum of Rs. 200 for every day during which the failure continues. The amount of late fees shall not exceed the amount of TDS.

TDS/TCS return cannot be filed without payment of late filing fees as discussed above. In other words, the late filing fees shall be deposited before filing the TDS return. It should be noted that Rs. 200 per day is not penalty but it is a late filing fee.

Illustration

The quarterly statement of TDS i.e. TDS return for the first quarter of the year 2015-16 is filed by Mr. Kapoor on 4-4-2016. Tax deducted at source during the quarter amounted to Rs. 8,40,000. What will be the amount of late filing fees to be paid by him for delay in filing the TDS return?

**

In case of Non-Government deductor, the due date for filing of TDS return for the first quarter of the year 2015-16 i.e. April 2015 to June 2015 is 15th July, 2015. The return is filed on 4th April, 2016, thus there is a delay of 264 days as computed below:

ParticularsDays
July 201516
August 201531
September 201530
October 201531
November 201530
December 201531
January 201631
February 201629
March 201631
April 20164
Total264

From the above computation it can be observed that there is a delay of 264 days. Late filing fees under section 234E will be charged at Rs. 200 per day, thus for 264 days the late filing fees will come to Rs. 52,800.

Illustration

The quarterly statement of TDS i.e. TDS return for the second quarter of the year 2015- 16 is filed by Essem Ltd. on 4-4-2016. Tax deducted at source during the quarter amounted to Rs. 8,400. What will be the amount of late filing fees to be paid by the company for delay in filing the TDS return?

**

In case of Non-Government deductor, the due date of filing the TDS return for the second quarter of the year 2015-16 i.e. July 2015 to September 2015 is 15th October, 2015. The return is filed on 4th April, 2015, thus there is a delay of 172 days as computed below:

Particulars

Days

October 2015

16

November 2015

30

December 2015

31

January 2016

31

February 2016

29

March 2016

31

April 2016

4

Total

172

From the above computation it can be observed that there is a delay of 172 days. Late filing fees under section 234E will be charged at Rs. 200 per day, thus for 172 days the late filing fees will come to Rs. 34,400. However, the late filing fees cannot exceed the amount of tax deducted at source. TDS for the quarter is Rs. 8,400 and hence late filing fees shall be Rs. 8,400.

Illustration

The quarterly statement of tax collected at source i.e. TCS return for the first quarter of the year 2015-16 is filed by Mr. Krunal on 4-8-2015. Tax collected at source during the quarter amounted to Rs. 84,000. What will be the amount of late filing fees to be paid by him for delay in filing the TCS return?

**

The due date of filing the TCS return for the first quarter of the year 2015-16 i.e. April 2015 to June 2015 is 15th July, 2015. The return is filed on 4th August, 2015, thus there is a delay of 20 days as computed below:

ParticularsDays
July 201516
August 20154
Total20

From the above computation it can be observed that there is a delay of 20 days. Late filing fees under section 234E will be charged at Rs. 200 per day, thus for 20 days the late filing fees will come to Rs. 4,000.

Illustration

The quarterly statement of tax collected at source i.e. TCS return for the second quarter of the year 2015-16 is filed by Mr. Raja on 4-12-2015. Tax collected at source during the quarter amounted to Rs. 2,520. What will be the amount of late filing fees to be paid by him for delay in filing the TCS return?

**

The due date of filing the TCS return for the second quarter of the year 2015-16 i.e. July 2015 to September 2015 is 15th October, 2015. The return is filed on 4th December, 2015, thus there is a delay of 50 days as computed below:

ParticularsDays
October 201416
November 201430
December 20144
Total50

From the above computation it can be observed that there is a delay of 50 days. Late filing fees under section 234E will be charged at Rs. 200 per day, thus for 50 days the late filing fees will come to Rs. 10,000. However, the late filing fees cannot exceed the amount of tax collected at source. TCS during the quarter amounts to Rs. 2,520 and hence, late filing fees shall be Rs. 2,520.

Illustration

The quarterly statement of Tax deducted at source i.e. TDS return for the last quarter of the year 2015-16 is not filed by Mr. Raj till 15th May, 2016. Can he file the TDS return of last quarter of the year 2015-16 after 15th May, 2016 without payment of any late filing fees?

The due date of filing the TDS return for the last quarter of the year 2015-16 i.e. January 2016 to March 2016 is 15th May, 2016. The return is not filed till 15th May, 2016 and hence late filing fees under section 234E of Rs. 200 per day of default will be levied. TDS return cannot be filed without payment of late filing fees as discussed above. In other words, the late filing fees shall be deposited before filing the TDS return. Hence, in this case, Mr. Raj cannot file the TDS return without payment of late filing fees of Rs. 200 per day.

Computation of fee under Section 234E at the time of processing of TDS/TCS statement

Section 200A of the Income-tax Act provides for processing of TDS statements for determining the amount payable or refundable to the deductor. Provisions of Section 200A has been amended by the the Finance Act, 2015 so as to enable computation of fee payable under under section 234E at the time of processing of TDS statements.

As the mechanism of TCS statement is similar to TDS statement, a new section 206CB has been inserted by Finance Act, 2015 to provide for processing of TCS statements on the lines of existing provisions for processing of TDS statement contained in section 200A of the Income-Tax Act. The new section 206CB also provides for mechanism for computation of fee payable under section 234E at the time of processing of TCS statement.

Penalty under section 271H

As per section 271 H, where a person fails to file the statement of tax deducted/collect at source i.e. TDS/TCS return on or before the due dates prescribed in this regard, then assessing officer may direct such person to pay penalty under section 271H. Minimum penalty can be levied of Rs. 10,000 which can go upto Rs. 1,00,000. Penalty under section 271H will be in addition to late filing fees prescribed under section 234E.

Apart from delay in filing of TDS/TCS return, section 271H also covers cases of filing incorrect TDS/TCS return. Penalty under section 271H can also be levied if the deductor/collector files an incorrect TDS/TCS return. In other words, minimum penalty of Rs. 10,000 and maximum penalty of upto Rs. 1,00,000 can be levied if the deductor/collector files an incorrect TDS/TCS return.

No penalty will be levied under section 271H for the failure to file the TDS/TCS return, if the person proves that after paying tax deducted/collected by him, along with the late-filing fee and interest (if any), to the credit of the Central Government, he had filed the TDS/TCS return before the expiry of a period of one year from the due date of filing the TDS/TCS return. In other words, no penalty under section 271H will be levied in case of delay in filing the TDS/TCS return if following conditions are satisfied:

  • The tax deducted/collected at source is paid to the credit of the Government.
  • Late filing fees and interest (if any) is paid to the credit of the Government.
  • The TDS/TCD return is filed before the expiry of a period of one year from the due date specified in this behalf.

It should be noted that the above relaxation is applicable only in case of penalty levied under section 27111 for delay in filing the TDS/TCS return and not in case of filing incorrect TDS/TCS statement.

Apart from above relaxation, in following two cases the taxpayer can get relief from penalty under section 27111:

  • Under section 273A(4) the Principal Commissioner of Income-tax or Commissioner of Income-tax has power to waive or reduce the penalty levied under the Income-tax Act. Penalty can be waived or reduced by the Commissioner of Income-tax if the conditions specified in section 273A(4) in this regard are satisfied.
  • Apart from shelter of section 273A(4), section 273B also provides immunity from penalty in genuine cases. As per section 273B, penalty under section 27111 will not be levied if the taxpayer proves that there was a reasonable cause for failure.

Illustration

The quarterly statement of tax deducted at source i.e. TDS return for the first quarter of the year 2015-16 is filed by Mr. Krunal on 4-4-2016. Tax deducted at source during the quarter amounted to Rs. 84,000. Before filing the TDS return he has paid the TDS, interest and late filing fees to the credit of the Government. Will he be liable to penalty under section 27111 for delay in filing the TDS return?

**

Penalty under section 27111 can be levied for delay in filing the TDS return. In this case, the due date of filing the TDS return for the first quarter of the year 2015-16 i.e. April 2015 to June 2015 is 15th July, 2015. The return is filed on 4th April, 2016, thus there is a delay of 264 days (i.e. less than a year). As per section 27111(3) no penalty under section 27111 will be levied in case of delay in filing the TDS/TCS return if following conditions are satisfied :

  • The tax deducted/collected at source is paid to the credit of the Government.
  • Late filing fees and interest (if any) is paid to the credit of the Government.
  • The TDS/TCD return is filed before the expiry of a period of one year from the due date specified in this behalf.

In the present case, all the aforesaid conditions are satisfied because the delay in filing the TDS return is of less than 1 year and interest and late filing fees are paid before filing the TDS return, thus penalty under section 27111 will not be levied.

The same provision as discussed above will apply in case of delay in filing the statement of tax collected at source i.e. TCS return.

Illustration

The quarterly statement of tax deducted at source i.e. TDS return for the first quarter of the year 2015-16 is filed by Mr. Rahul on 20-7-2016. Tax deducted at source during the quarter amounted to Rs. 1,84,000. Before filing the TDS return he has paid the TDS, interest and late filing fees to the credit of the Government. Will he be liable to penalty under section 27111 for delay in filing the TDS return?

**

Penalty under section 27111 can be levied for delay in filing the TDS return. The due date of filing the TDS return for the first quarter of the year 2015-16 i.e. April 2015 to June 2015 is 15th July, 2015. The return is filed on 20th July, 2016, thus there is a delay of 371 days (i.e. more than a year). As per section 27111(3) no penalty under section 27111 will be levied in case of delay in filing the TDS/TCS return if following conditions are satisfied :

  • The tax deducted/collected at source is paid to the credit of the Government.
  • Late filing fees and interest (if any) is paid to the credit of the Government.
  • The TDS/TCD return is filed before the expiry of a period of one year from the due date specified in this behalf.

In the above case, the delay is of more than 1 year and hence the above immunity will not be available. Thus, the Assessing Officer can levy penalty under section 27111. Minimum penalty of Rs. 10,000 and maximum penalty of Rs. 1,00,000 can be levied by the Assessing Officer. 11owever, Mr. Rahul has following two remedies to get relief from penalty:

  • He can apply to Principal Commissioner of Income-tax or Commissioner of Income-tax under section 273A(4) to seek relief from penalty.
  • He can seek relief under section 273B by proving that there was a reasonable cause for failure.

The same provision as discussed above will apply in case of delay in filing the statement of tax collected at source i.e. TCS return.

Illustration

The quarterly statement of tax deducted at source i.e. TDS return for the first quarter of the year 2015-16 is filed by Mr. Sharma on 10-7-2015. The particulars of the tax deducted at source as mentioned in TDS return are incorrect. Will he be liable to pay penalty under section 27111 for delay in filing the TDS return and for furnishing the inaccurate particulars in the return?

**

Penalty under section 27111 can be levied for following defaults:

  • Delay in filing the TDS/TCS quarterly statement i.e. TDS/TCS quarterly return.
  • Furnishing incorrect TDS/TCS quarterly statement i.e. TDS/TCS quarterly return.

In the present case Mr. Sharma has filed an incorrect TDS return and hence he shall be held liable to pay penalty under section 27111. Minimum penalty of Rs. 10,000 and maximum penalty of upto Rs. 1,00,000 can be levied. Mr. Sharma will have no remedy under Section 27111(3) to claim relief from penalty for furnishing of inaccurate particulars in the return. 11owever, the taxpayer can seek relief in the following way:

  • He can apply to Principal Commissioner of Income-tax or Commissioner of Income-tax under section 273A(4) to grant relief from penalty.
  • He can seek relief under section 273B by proving that there was a reasonable cause for failure.

The same provision as discussed above will apply in case of delay in filing the statement of tax collected at source i.e. TCS return.

(Republished with amendments)

More Under Income Tax

Posted Under

Category : Income Tax (23271)
Type : Articles (11282) Featured (3778)
Tags : Income Tax Penalty (82) Section 234E (48) Section 271H (9) TDS (792)

85 responses to “Fees & Penalty for late / Non filing of TDS Return”

  1. Priyesh says:

    SIr,

    I company had file 1qtr. NIL TDs 24 Q return for 16-17 before due date, bur later on we realise that there was TDS on Salary in first qtr to the tune of Rs. 2,40,000/-.
    So the rectified 24Q return of 1st qtr. was file in November.
    The company has received the Notice U/S 234 E) for late filing of 24Q TDs return.
    My question is , Should company has to pay this late filing fees ?

  2. Abhik Bhattacharjee says:

    Dear Sir,
    Could you be able to clarify from which date the Section 234(e) is applicable. If we have demands raised before 01/06/2015, do we need to pay the amounts. Kindly confirm.
    We have received huge amount of demand notice from the IT department for not filing the returns on time. The amount is Rs. 1,75,000/-
    Shall wait for your reply.

  3. Kakkat says:

    sir, as we(a Kerala Govt. Higher Secondary school) don’t know the mandatory TDS Uploading matters,(the person who was in charge of ‘income tax matters’ transferred by then),we filed the TDS for the 1st quarter of 16-17 only in Oct.2016. now we got a registered letter from the income tax dept. directing to pay an amount of rs.16000/- as the late filing fee u/s234E. please advise us how to avoid this fine.
    yours faithfully

  4. Krishna Dhish Upadhyay says:

    I have given some money on interest to a firm. I have asked the firm to deduct my tax on quarterly basis and file TDS return. Though they have deducted TDS, deposited and return filed. But they say that we are not liable to deduct and deposit the tax and file return quarterly. We will file deduct the tax only when we pay you interest in the end of financial year. Are they right.

  5. Virender Pathania says:

    Sir,

    A tedious situation

    I am working as AE and had an additional charge of DDO given by my EE..
    The name on TDS records was of the EE for filling of returns..

    As the charge was temporary till any one new posted joins.. so the EE decide to keep the return filling with him so as not to change the name in tds records.. whereas i was the working ddo for all other maters..

    All forms & sign on 27 no form generated before final upload was also done by EE…

    Problem arises as the figures in returns dint matched the treasury figures.. and late filling levy under section 234E was imposed for 6 qtrs amt 2.86Lac

    Now the acting DDO was me and the responsibility was mine for filling t returns.. but were filled by the EE who was DDO in the Itax records..

    Whats the end result?? Who will bear the heat.. only me … or EE or both ??

  6. sathish kumar says:

    Sir, the dates given above for due dates under sec-271H for january and march are mistaken

  7. SUSHIL KUMAT RASTOGI says:

    Dear sir we have not filled the TDS Return for F.Y.2009-10, can we file it now if yes what will be the penalty or interest

  8. michael says:

    Sir…i work in a govt office…we have started filing an tds return from 2011-12 . But have not filed an tds return for2009-10 and 2010-11.we have deducted tds and deposited in tan number of our office for 2009-10 and 2010-11 also..so if we file an tds return for 2009-10 and 2010-11..is there any way…thay we do not need to pay any penaltl

  9. Sudip says:

    Dear Sir,

    I was not aware about TDS payment procedure and did not pay for 4 payments made in FY 2014-2015 through bank loan. (Bank paid 99% of the below amount)

    a) 8 Lacs on 17-May-2014
    b) 23 lacs on 9-July-2014
    c) 6 lacs on 12-Nov-2014
    d) 6 lacs on 24-Mar-2015

    How much I need to pay for interest and penalty/fees along with Basic TDS amount? Will there be any more penalties on these amount?

    Kindly help me. Is there any way to get waived from other amount than Basic TDS amount? Already in bad state with huge EMI, so kindly help with your suggestion.

    Thank you for your response.

  10. balu says:

    Dear Sir

    i have late payment of paid to with the tds challan last 8 months (Apr-Nov)
    can i file the return in Q3 all challans? or separate Q3 wise?

  11. SUNIL says:

    DEAR SIR,
    NO ANY PAYMENT IN THE 1ST QUARTER OF THE FINANCIAL YEAR 2015-16 SO, WE HAVE NOT BEEN FILED 24Q1 AND I HAVE RECEIVED NOTICE SECTION 271H OF THE I. T. ACT 1961. HOW CAN HANDEL IT.

  12. jadhav tax office says:

    u/s 234e the late filing fees are not paid then what will be the action taken for this.

  13. vv vinoop says:

    For Govt. organisation, Penal interest for late filing of 24 Q is mandatory or not? 24 G has been filed through book adjustment, (BIN)

  14. Johnny Pereira says:

    How do i pay late filing fees online

  15. Pranab Samanta says:

    How I can pay TDS Late filing fees U/S234E online?

  16. Bidehswar Mahto says:

    We would like to introduce our self as ” SHREE ACCOUNTING SOLUTIONS”.

    Incase facing problem in filling, deposit and penalty notice from TDS-CPC,
    feel free to call on undersigned, we are here to help you.

    Bideshwar Mahto : +91-9472612218
    Shravan – +91-9570405001

  17. Preeti Sharma says:

    A party has not filed its TDS RETURN for F.Y. 2009-10, but now they want to file its tds return in F.Y. 2015-16. Pls tell what will be the penalties and other consequences for late filing od TDS return as the return is related to the F.Y. 2009-10 where provision of late filing fee of Rs. 200/- day was not applicable.

  18. ankita says:

    the payment of tds of Q1 has been made on 21th july 2015 on Rent with interest. And it is not filed in 1st quarter can it will be filed in 2nd quarter or I have to pay the penalty upto 21st july and file the return in 1st quarter as well

  19. Dhiraj bafna says:

    TDs paid but e filling not done what would be the penalty

  20. Pravin Korde says:

    Dear All,
    I have a question about unfiled TDS.
    I am part of state govt.institution. We haven’t filed TDS till now.
    we are willing to file now but what would be penalty for it?
    We have filled all the tax in 5 months.
    we have challan receipts.
    Please guide of what should be done next!
    Thanking you in advance!
    Regards,
    Pravin Korde.

    • Anilkumar Prajapati says:

      If you file the TDS return after due date then late filing fees Rs. 200/- per days from due date to actual filing date will generate from the Q2 of 2012-13.

  21. R.K.MAKHARIA, says:

    ADD TO MY ARTICLE DT.15.MAY 2015 IN COL.no.5 below;-
    This was the main reason,cause,that indulged a huge no of ASSESSEES INTO TRAP OF NEWLY,UNKNOWN SEC 234E OF I.T.ACT.The RTI,INFO RECALLED DT.22.12.14, BY CA SUBIN VR OF THRISSUR,FROM D.I.T.(SYSTEMS),NEW DELHI SUPPORTS AS UNDER;-
    F.YR. NO.OF ASSESSEE(DEDUCTORS) AMOUNT(cRORE)
    2013-14… 1,86549 RS.10134
    APRIL.14TO oct14.1,27839 RS. 7363
    R.K.MAKHARIA .DT.8TH JUNE 15.

  22. A K BAGARTY says:

    My office is a central government office have filed income tax Q4 for the financial year 2014-2015 having mistake of PAn No. of a individual on 01.05.2015 .Now IT department has issued a letter for deposit Rs.50000 within one month

    Kindly advice this this situation

  23. A.K. SAINI says:

    dear sir,

    PLease confirm late ffees for Form-iv late file in uttrakhand

  24. R.K.MAKHARIA, says:

    According to S.C. verdict in number of cases,when no tax element is there,Penalty initiation is totally wrong.Similarly,when law provides for corrections/revision,in a return/statement/levying of penalty is unwaranted,unjustified.

  25. R.K.Makharia says:

    M/s TAX TOPPERS, Dear Sir,
    Thanks for your e .mail message dt.07th January^15 chapter named “ AMNESTY TO TDS DEDUCTORS FROM FEES UNDER SECTION 234E “ INCOME TAX.
    You have very briefly ,boldly, responded on the cronic chapter, faced by crores of I.Tax Assessee s (Deductors) . In this concern ,I would like to put forth some more genuine facts ,which
    Led to laps ,failure on such a large scale ,by Deductors of TDS ,in timely submitting of TDS Statements/returns ,as laid in the new provisions of the Act.
    1. Earliar, the TDS statement filing was 30th June , was revised to 15th May, for a/c. ended in March ,every year.
    2. That, penal provision for delay/non filing of TDS statement was made through F.Act,2012 w.e.f.15.07.2012. instead of 1st April 2012.
    3. The effective date was firstly ,fixed on the middle of the F.Yr. through this Act,2012 @ Rs200/-per day basis.
    4. Hence ,most of Assessees, failed, misunderstood, Unaware, to file timely ,return, to the Dept.
    5. No Awareness/Advertisment, about this new provisions was made to Deduct or, to a lert, avert, the Deductors, & streameline the tax collections, as done in Advance Tax, return filing, etc. stages. 6.The (a)The Supreme court had also laid down principles of justice in “ Hindustan steel Ltd.Vrs.State of Orissa,83 ITR 26 “,that penalty would not be ordinarily imposed unless the party obliged either acted deliberately in defiance of law or was guilty of conduct contumecious or dishonest or acted in conscious disregard of its obligations. 6.Deductors, excepting the Govt. Have been given Exemptions through CBDT circular, debarring the Public Deductors. The Public Deductors, are also unaware, unpracticed, about this new date &, cumbursome process of statement filing .They thought, that the previous schedule(30th june) was the actual – last date to submit such statements. This causes led to sustain such a extreme unbearable losses to mass people.
    7.There should not be double standard ,Inequality policy adopted for treatment with the Govt .deductors , &the Public Deductors Assessees.
    8. It is requested, that one chance should be given to Private Deductors also, in lieu of Govt.ones , atleast who have timely paid the Deducted TDS amounts with Govt.
    Thanks & waiting for your response.
    (R.K.Makharia,Raipur CG Dt.12.th May 2015-05-15)

  26. Rajesh says:

    had not filled 3rd qtr return and now i have to file this can you tell me how much they will charge to us ?
    as late filling penalty

  27. verma jyoti says:

    I have received intimation u/s 200a notice of demand u/s 156 for the pmt of levy of fee u/s 234e

    PLEASE MAIL ME BACK HOW TO EXECUTE LATE PAYMENT

    AGAINST MY PAN /E.FILING SITE THERE IS NO PENDING ACTION

    HOW TO PAY ON LINE
    PLEASE GUIDE

  28. m. f. haque says:

    Delay may have genuine reasons.Penalty of huge amount for delay in filing information is atrocious,arbitrary and against the norms of justice in a democratic country. Esteemed CBDT should consider waiving such penalties imposed mechanically

  29. manoj says:

    Sir,
    I am working in school we got two notice from i.t.that is late penalty charges.we file return yearly not quarterly. i am newly appointed in school my principal not guide me to file return quarterly. now we got penalty notice. my question is we pay the penalty.?
    please guide me. and i got information over all india people file a case in court for the same matter.that is applicable for me.
    waiting for ur reply

    your
    manoj

  30. Shivani says:

    Sir I paid all of my tax due to me but failed to fill my e tds return. does it attract penalty for 2013-2014

  31. BHARAT says:

    TDS of 2012-13 in not filed yet now client need to file that. Than what is the interest amount .

  32. Mahesh says:

    Dear Sir

    Hotel Bill Boarding and lodging bill for my company exceed Rs.180000/- in the month of November 2014, now i have to deduct from first bill TDS ok which i have deduct but one thing should i know should i need calculate the Interest from April 2014, If please Tell and Send me the Notification copy

    With Regards
    Mahesh

  33. Amol Gajmal says:

    I am an accountant. one of our client has failed to deduct tds on gross 25000 which is 2500/- after that they are bearing tds from his own pocket then which gross amount will be taken for tds return filing.

    Extra details are follows:

    Party Name: ABC

    Invoice of fees is Rs. 25000/-
    TDS not deducted from payee but paid to goverment with payee PAN is Rs. 2500/-

    Bill book of rs. 25000 of ABC

    Journal entry : professional fees a/c dr. 250000
    To Abc A/c 25000

    then what is the entry of payment???? (with TDS)

  34. Niraj Jani says:

    We used once Challan in two different qtr by mistake….so we rcd a notice oh short payment (overbooked)..

    for correction we filed return with editing previous challan but cpc rejected…

    How can i solve this default??

    any suggestion?

    Thanks in advance….

  35. Nikhil Bhingarde says:

    Sir i m employee of nationalised bank, tds deducted on int on tdr is deposited by our bank on autosystem . However due to lack of proper communication between our branch and our ca we come to know that 26 q return is not filed scince qtr 1 of 2012-13. Now we are filing the same please late me branch tds know the late filing leavy we have to pay. Considering the small branch tottal tds for each quarter never exceeds rs 1000 for each quarter, please guide.

  36. rakesh says:

    what is the status of writ filed in court……whether the stay continues…..writ no.

  37. Sagar says:

    sir

    tds paid on professional fees rs. 4000 in may 2014 and tds return filed not yet done. how return file saving penalty is any option for that.

  38. MOHAN says:

    dear sir,

    we have apply TAN OCTOBER month and my books of accounts starting date is 1st apral 2014 late filing is passable.

  39. neha says:

    Sir we have deposit tds challan of fy 2010-11. but forget to file tds return at that time. Now there is demand raised of these amount to deductee income tax return because he claimed deduction of this amount 10-11 IT return.
    So Please tell what optio we have to sought this demand.

  40. Arun Kumar Mehta says:

    Penalty u/s 271H for Q3 of 14-15cannot be imposed before 15.1.2016 and not 15.1.2015 as stated by you. Similarly Q4 of 14-15 penalty cannot be imposed till 15.5.2016 and not 15.5.2015 as stated above.

  41. malti says:

    Sir, Do an Charitable trust who has deducted TDS for Professional Fees & not filed TDS return have will be penalised for late filing

  42. Neeraj Dxiti says:

    Dear sir,

    i am a govt department i have filed the tds return up to 31st march 2013 but not file return of all quarter of 2014 and last 3 quarter . if now i am filled the tds return than department impose huge penalty .now is it possible to filed tds return of oct to dec-14 only. if i filed only last quarter return than how much penalty impose by the department .

  43. rajeshwari says:

    sir,
    i wants to know that if Tds generate with errar can we filled Tds return

  44. Jignesh Vyas says:

    My client has filled tds return 24 of first quater on 28th Jun. cpc has rejected it. but mail of rejection has been not sent. When my client has tried to download online form 16 he has found that figures of first quarter are not included. After verification they have found that his first filled return has been rejected. He has to filed second time his 24q1. Now, TDS cell is demanding late fees near about Rs.40,000/-. This is the fault of their system. What should we do now?

  45. CA Amit Ganar says:

    Dear All

    Please wait and do not pay any penalty U/s 234E as writ petition is filled and High court yet to decide on the issue.
    Secondly Income tax department drop the penalty of government offices and do not refund who had paid earlier.

    CA Amit Ganar
    9096305551
    Pune

  46. Rakhi says:

    Dear Sir,

    Without depositing the tax amount, can we file the return of 26Q.

  47. DG Pillai says:

    Sir,
    I am a government employee and my tax is deducted at source.I have received a notice u/s 245 for an outstanding demand(Section code 1431A) of Rs 1.75 lakhs indicated in my IT account for the AY 2009-10 for which I filed my tax return manually based on Form-16(TDS certficate) on time and received the acknowledgement also.It is understood that my employer has deducted the tax on time but deposited it late.Despite my plea to AO of the IT department or to my employer,the demand is still outstanding.What should be my course of action to rectify this anomaly which is no fault of me..Kindly advice
    regards
    DG Pillai

  48. sandeep mishra says:

    sir,
    iam late filing company tds retrun, tds paymnet in currect time filing on late tds retrun 26q&24q total 4 quarter late filing , how many actual penality, total years tds late filing how meny amount please replay
    – See more at: http://taxguru.in/income-tax/budget-2012-late-filing-filing-tds-statement-costly.html#sthash.wEXjZM7c.dpuf

  49. srinivas says:

    sir,

    iam late filing company tds retrun, tds paymnet in currect time filing on late tds retrun 26q&24q total 4 quarter late filing , how many actual penality, total years tds late filing how meny amount please replay

  50. SANTAN says:

    I have filed Q2 tds return as on 18.10.2014. i received a notice for Rs.660/-. Is their any way to waive it. else how will i deposit this fine amount. Please suggest suitable challan and process for it

  51. ramappa says:

    Dear sir

    Without payment of TDS amount, can we file quarterly TDS return ?

    Please help me regarding the above.

    Thanking you

  52. ankush soitkar says:

    sir i have miss q1 tds return and yet not file cause i have deposit the amount of tds of first quarter in aug – 14 and now deposit second quarter tds amount so now i want to file both quarter tds return can i file it and how much will be interest or penalty

  53. Rama Rao says:

    Rama Rao,
    Sir, i am working at Construction Company hyderabad. In this company so many sub contractors working. from Acct Year 2012-13, & 2013-14 the company paid every month advance amount to me and deducted TDS from my advance amounts (from two years) and my company failure deposit to governament somany lakhs of amount. so how can i complaint to income tax department and how can i submit my IT Returns.

  54. Rinki says:

    Dear Sir,

    Please advice is it compulsory to pay late filing levy?
    Also let me know what is the difference between late filing fees & late filing levy?

  55. maninder singh says:

    Sir
    We have missed to file tds return Q26
    for the quarter Second 2013-2014
    ie 1-07-2013 to 31-10-2013
    please advise how to overcome the penalties
    Thanks

    yours faithfully

  56. Mary Nelson says:

    Sir,

    my company get a notice for delayed tds return Rs. 74000/-,

    can any way to wave off this amt ?

  57. K Thiyagarajan says:

    What is the difference between late filing fee and late filing levy?

  58. MUKESH says:

    THIS IS NOT FAIR FOR DDO THAT PENALTY IMPOSED BECAUSE THEY DEDUCT TAXES IN TIME IS VERY COOPERATION TO IT SO THE PENALTY WAIVED FOR GOVT. DEPT.

  59. vinod sharma says:

    BANGALORE: In a big relief for several employers and businessmen, the Karnataka high court has stayed for four weeks the operation of series of demand notices sent by the Income Tax department asking them to pay penal fees in relation to non-filing of TDS statements.

    Justice Jawad Rahim passed an interim order to this affect while asking Income Tax department and ministry of finance to file their replies.

    Several employers as well as assessees under TAN have moved the court challenging the penal provisions under newly inserted section 234E of the Income Tax Act ,1961 connected to filing of TDS returns by employers.

    “The incorporation of Section 234E to the IT Act with effect from July 1,2012 has at one stroke ,deleted all the favorable and beneficial sections- an appeal under section 246(1)(l)(ii) of the Act and also waiver of penalty under section 273B itself .Now it is mandatory and compulsory on the deductees to pay fee at Rs.200 per day till the date of filing/submitting the TDS statement to TDS reconciliation analysis and correction enabling system, Ghaziabad. Failing which, the deductor/s will be totally debarred from filing their TDS statement itself and as a further consequence , they will not be competent to issue Form No.16 or 16A as stipulated under section203 of the IT Act to the dedctee/s.” the petitioners have stated.

    “If they continue defaulting section 234E of the Act, then they would be further subjected rigorous penal provisions of having to shell out penalty at Rs.100 per day, as set out in Section 272A(2)(g), in case recipient/deductee claims credit of the TDS in his return of income tax” the petitioners have claimed.

    The petitioners have stated that levy of fee is against the scheme of the Income Tax Act and the word ‘fee’ is an alien word by itself vis-a-vis the Income Tax Act.

  60. SANJOY KUMAR DAS says:

    I have to pay additional tax amount Rs 20049 for the yr 2013-14 and assessment yr 2014-15. Can I pay the amount thru internet banking? what shall be the interest/penalty for the same? How i can get the code for it

    Kindly comment

    SK Das

  61. SANJOY KUMAR DAS says:

    I have to pay additional tax 20049 for the year 2013-14 and assesment yr 2014-15. Can i pay the amount through Internet banking? If penalty/ interest is to be paid, what will be amount and code for the same?

    Kindly suggest

    SK Das

  62. Nitin Grover says:

    Dear All

    Late fee under section 234 E is chargeable if return is late filled or you can say penalty will be continued till you dont file the return @ 200 Rs per day. Maximum Penalty may be equivalent to TDS Amount.

    271 H is penalty section where penalty is minimum 10,000 rs which may be extend to Rs 1 lac. This penalty is applicable in following written cases.

    1. If a person fails to submit returns
    2. If a person furnishes incorrect information

    Regards

    CS Nitin Grover
    nitinsgrover
    +91 – 95 82 00 94 94

  63. AshokJayanti says:

    sir can you tell me what code (11c or n11c) has to be entered while paying penalty for late filing of itr. I was levied a fine of 560/- for submission of itr in nov 2013

  64. ishan says:

    If payment of late fee and fines is made….. then is it required to file the return again????

  65. RONAK SHETH says:

    Dear Sir My Clint First time comes in tax audit so he dedcut tax and ffill etds return ater due dates and we received a notice of 234e ????

    What can now do

  66. Srinivas Natekar says:

    Sir
    I believe as per circular late fee of Rs.200/= per day is for filing of original return. Is this applicable for amended TDS/TCS returns. The dept. has issued notice to pay late fee for amended statement (PAN No. rectification). TDS is really TEDIOUS.

  67. NAGESWARA says:

    HOW MUCH FOR RATE OF INTEREST FOR MONTH NON FILING OF TDS RETURN AND HOW MUCH PENALTY PER DAY OF TDS LATE FILING?

  68. T.C.Narayanan says:

    Which challan should be used for payment of interest u/s 234E and interest for late payment ? can we use 280 for both or are there two seperate challans ? is it sufficient to mention PAN only as in 280 only pan can be entered ?

  69. Arun Raj says:

    Section 234E of the Income Tax Act- Legality and Validity challenged in the High Court of Kerala

    The legality and validity of section 234 E of the Income Tax Act, 1961 inserted by the Finance Act, 2012 making a person liable to pay, by way of fee, a sum of Rs 200/-for each day’s delay in filing the statement of Tax Deducted at Source (TDS) or Tax Collected at Source (TCS) is challenged in the High Court of Kerala. The levy in the nature of ‘fee’ has been challenged as illegal, arbitrary, unreasonable, invalid and unconstitutional, in a writ petition filed by a Lower Primary School in Kannur.
    The Honourable High Court has admitted the writ petition and has stayed all the proceedings initiated against the petitioner under section 234E of the Income Tax Act for a period of two months. The standing counsel for the Income Tax department has taken notice for all the respondents in the writ petition.

    arunrajs@justice.com

  70. Avinash says:

    sir

    my question is that is there is any option for wavier of the penalty of late filing of tds return .

  71. Prakash says:

    sir,

    i in one client case we have received late fees and interst demand above Rs. 61000/- there have in late fee and interest also how which section i put this amount.

  72. ANIL KUMAR K says:

    in one client case we have received late fees demand above Rs. 40000/- and not able to decide how to proceed

  73. Rajesh Patel says:

    Sir will anyone give idea about 234e, if some reason State Government Deductor (Book Entry) late fill 24Q Return, so 234e is apply.

  74. kushal says:

    Sir will anyone give idea about 234e . I have recd a notice for late filing of TDS RETURN. This is just because of marriage ceremony. At auditor son he filed return little late. What has to be done now? Whether to pay demanded amount and any other options.

  75. Bimal Gunjarwala says:

    Does it attracts for Non filing of TDS Return for NIL liability? If I do not have any liability arised, then also I have to file the NIL Return? If yes, what if I failed to file NIL Return?

  76. Prakhar says:

    I have a doubt if i fail to Deposit TDS of more than one Parties than also i have to deposit Rs. 200/- only.

  77. Navi says:

    whether provisions of sec. 271H regarding penalty for non filing of tds return will be attracted in case of nil return

  78. Sumon says:

    My company has submitted the TDS against a wrong PAN number and the same shows in my Form 16 as well. I tried searching the wrong PAN number in the e-filing website only to get a error message “This PAN number does not exist in our database”. Can you confirm if this means that no PAN with such number has been issues at all?

  79. Vijay says:

    Please refer Sec 271H which clearly states that wrong information will attract fine of minimum Rs.10000 and may extend upto Rs 100000/-.

  80. RAJESH CHANDER GUPTA says:

    Returns with incomplete information should also be treated at par with  returns which has not been filled.

  81. vicky parmar says:

    Can e-tds return filed with incomplete details attract the Provisions of Section 234E?
    Say e-tds return filed with NIL data or a dummy data to avoid 234E and subsequently submitting the correction statement.

    Kindly comment in this situation.

Leave a Reply

Your email address will not be published. Required fields are marked *

Search Posts by Date

December 2016
MTWTFSS
« Nov  
 1234
567891011
12131415161718
19202122232425
262728293031 
error: Alert: Content is protected !!