Anilkumar Prajapati

Fees for Late filing of TDS Return u/s 234E should be waived for Q1, Q2 & Q3 if TDS return file within due date of Q4 TDS return

Income tax department should waive the fees for late filing TSD return u/s 234E for Q1, Q2 and Q3 if TDS return file within due date of Q4 TDS return because in the writ petition decided by Bombay High court, department has taken the stand that due to not filing of TDS return they are not able to give tax credit to deductee within time limit and because of this deficiency they have to bear extra cost which is now compensated by levying late filing fees u/s 234E.

But if TDS return for Q1, Q2 and Q3 is file before due date of Q4 TDS Return then department is not required to bear any extra cost because Income Tax return is need to be filed annually under Income Tax Act 1961.

Therefore department should waive the Fees for late filing of TDS return u/s 234E for Q1, Q2 and Q3 on natural justice basis if TDS return file within due date of Q4 TDS return.

More Under Income Tax

Posted Under

Category : Income Tax (28055)
Type : Articles (17804)
Tags : Section 234E (57) TDS (1099)

15 responses to “Waive Fee for Late filing of TDS Return if Q4 Return filed in time”

  1. Shree says:

    Hello,

    I had bought a flat in march 2016 and was not aware of 1%TDS formalities. And the moment i got to know about it , i made the payment i.e., on 16DEC2016. Now, after making the payment ,i have received an intimation mail from IT dept for late fee levy.

    Is there a way by which i can get the late fee waived off or discounted from IT dept?

  2. Abhinandan Baid says:

    This is suggestion of Mr.Anil,not any judgement as many of friend concluded above.
    I also believe this is indeed a good remedy proposed by Mr.Anil after reading judgement of Honb. Bombay High Court.
    Matter of Fact remains that now we have to continue with biased provision of 234E with same hardship.

  3. Raja says:

    Hey hi,

    I have a similar problem. I had purchased a flat in Sept 2013 registered on 31st August & i had paid the TDS on 10th Sept 2013.

    Dept has sent me a demand notice for some fees & interest on 27th March 2015.

    What should be my stand & how do i go about it.

  4. Praveen says:

    Dear Sir

    i have received notice of paying late fee for Q3, i am not yet paid, pls advise me that i have to pay or not.

  5. hemant sharma says:

    This one is a very good and logical decision given by the court , it should be applicable with retrospective effect. Department should refund the money collected by them.

  6. ASHOK says:

    Good Suggestion but not likely to be implemented. The government departments itself were not able to file returns in time, so why punish the common man. Who is responsible for frequent changes in the validation software and other changes of software brought by CPC is every assessee suppose to be an expert. Please write to Modiji and our Finance Minister who has forgotten the common man who elected him and not just the corporates who funded their campaign

  7. MAMILLAPALLI NARASIMHA MENON says:

    Sir,

    It is very welcoming decision by the Hon’ble Court. But, the department has also to concentrate in aware the deductors especially in Government Sectors to file and follow the provisions of Income Tax department. Because, there is no awareness or alarming about the provisions of Income Tax in most of the Government organisation.

  8. CA VIVEK K RELEKAR says:

    FOR TIME BEAING IT IS BETTER T0 WAIVED AS PRICIPAL OF SCHOOL ARE NOT AWARE OF IT AND THEIR STAFF IS NOT WELL TRAINED BY DEPT OR GOVT.ALSO AVAIILABILTY OF NATIONALISED BANK ARE NOT IN VILLAGE LEVEL.NON AVAILABILITY OF SERVICECES NEAR SCHOOLS.
    IT IS ADVISED TO SEND LETTERS TO TRUST INSTITUTIONS ABOUT AMAINDMENDS AS IT DIFFICULT TO KNOW CHANGES AND EFFECT AND SOLUTION OF IT.

  9. shamala narti says:

    Agree with suggession. This TDS return filling has become a never ending, as many corrections you file again they are going to send you for for something else, realy it has become a very teeee ds job.

  10. k.v.bhat, says:

    what about the last notices sent for FY 2013-14, whare q4 return are filed
    within due date.
    and also those who are already paid this late fee.

  11. Mohit Dhiman says:

    Rightly said. However, there is no precedent till date on this issue. The same needs to be specifically addressed by some authority before this 234E nuisance comes to an end.

  12. Harish Bhatia says:

    logical conclusion

  13. V.S. Surve says:

    This is good remedy, however the main problem is that U/s. 234E ther is no segregation of samll tax payers & high tax payers. A assesse having single transaction of TDS with small amount & assessee having number of of transactions with huge amount are treated same. Hence best alternative is to segregation with dead line of Q4 return.

  14. shashi kumar C G says:

    This is a very good remidy for the problems facing by the stake holders. If all the returns are filed before due date for last quarter dept will not have any problem for giving credit hence ideal solution.

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