CA Sandeep Kanoi
As you are aware, it is mandatory for Pay and Accounts Office (PAO)/ District Treasury Office (DTO)/ Cheque Drawing and Disbursing Office (CDDO) (herein after called as AOs) to file Form No. 24G on monthly basis with in the prescribed time as per Income-tax Department Notification no. 41/2010 dated May 31, 2010.
AOs to submit a statement in Form No. 24G within ten days from the end of the month to the agency authorised by the Director General of Income-tax (Systems) in respect of tax deducted by the deductors and reported to him for that month
Based on the particulars reported in Form No. 24G, Book Identification Number (BIN) is generated and intimated to the respective AOs by TIN Central System. AOs can download BIN from TIN Portal. AOs are required to intimate the BIN so generated to the concerned DDOs in respect of whom the sum deducted has been credited. Subsequently, the BIN is to be reported by the DDOs in the quarterly TDS/ TCS statements.
In case of delay in filing of Form No. 24G by the AOs, there would be delay in generation of BIN and subsequent intimation of the same by the PAOs to the concerned DDOs. This contributes towards delay in filing of quarterly TDS/ TCS statements resulting into levy of late filing fee u/s 234E of the I.T. Act (a sum of Two Hundred Rupees for every day during which the failure continues) on the deductors. Late filing of TDS statements also results into the TDS Credit not being available to the deductees (employees / vendors) for claiming the amount of tax already deducted from the payments made to them besides generating correct TDS Certificates for them.
Delay in filing of filing of Form No. 24G has caused inconvenience to deductors and the taxpayers so AOs are advised to file Form No. 24G for well within the due date so that the DDOs are also able to file there quarterly TDS / TCS Statements with in the due time and avoid levy of fee u/s 234E of the I.T. Act.
Author Bio
They delay this because for delay in late filing late fee U/s 234E will not be levied. Even if levied who are paying…!!! Do you know any DDO paying this fee.
Secondly I am sure there are only 20 – 25% of PAOs (or much less than that) has taken AIN No.
Thirdly is the dept. in a position to avoid provisional booking (instead it should say unmatched-as long as the PAO did not file 24G)
Fee u/s 234E cannot be levied upon Government Deductors for the delayed period not attributable to them. Where PAO has failed to furnish Form 26G with in prescribed time and BIN was not available to Government Deductor on or before the due date of furnishing quarterly statement, any delay caused on account of late furnishing of Form 24G by PAO cannot be attributed to such Govt Deductor. No Law in India can permit to punish any one for the mistakes of others. If levied the Fee is illegal and un constituional.
Adv C P Chugh
91+99711 24526
[email protected]
Dear Professional Friends
It means Delay in filing of filing of Form No. 24G from the departmental officers is causing levy of late filing fee u/s 234E of the I.T. Act, any one can clarify and also have you noticed any waiver of such charges upon approaching the department, kindly comment