The provisions of section 271H of the Income Tax Act penalizes the Deductor / Collector who fails to furnish the Tax Deducted at Source (TDS) return or Tax Collected at Source (TCS) return within the prescribed due dates. Section 271H also penalizes the Deductor / Collector who furnishes incorrect information while filing the TDS / TCS return.
Under the present article we would understand the applicability of provisions of section 271H; prescribed due date of filing of TDS return; prescribed due date of filing of TCS return; the amount of penalty payable under section 271H and circumstances under which penalty cannot be levied under section 271H.
The penalty provisions of section 271H are applicable under any of the following circumstances –
1. The Deductor fails to submit the TDS return within the prescribed time limit.
2. The Collector fails to submit the TCS return within the prescribed time limit.
3. The Deductor furnishes incorrect information while filing the TDS return.
4. The Collector furnishes incorrect information while filing the TCS return.
The person who commits any of the above defaults would be liable to pay the penalty under section 271H.
In order to avoid a penalty under section 271H, the Deductor is required to file the TDS return within the following prescribed time limit –
|April – June||31st July|
|July – September||31st October|
|October – December||31st January|
|January – March||31st May|
In order to avoid the penalty under section 271H, the Collector is required to file the TCS return within the following prescribed time limit –
|April – June||15th July|
|July – September||15th October|
|October – December||15th January|
|January – March||15th May|
As seen above, penalty provisions of section 271H apply in case of late filing / non-filing of TDS / TCS returns or furnishing of incorrect information while filing of the TDS / TCS returns.
In case the penalty provisions of section 271H get applicable, the defaulter would be liable to pay a minimum penalty amount of INR 10,000, however, the maximum penalty amount may extend till INR 1,00,000.
The penalty under section 271H of the Income Tax Act cannot be levied if all the following conditions are satisfied –
1. The TDS or TCS is paid to the credit of the Government;
2. The Deductor / collector has paid late filing fees and applicable interest to the credit of the Government; and
3. The TDS or TCS return is filed before the expiry of one year from the specified due dates.
Further, provisions of section 273B of the Income Tax Act states that in case the defaulter (Deductor / Collector) provides reasonable cause for the failure, then no penalty can be levied under section 271H.
|1||Section 272BB Penalty for failure to comply section 203A provisions|
|2||Section 272B Penalty for failure to comply with provisions of PAN|
|3||Section 272AA Penalty for failure in complying with provisions of section 133B|
|4||Section 272A Penalty for failure to answer questions or furnish information / returns/ statements or allow inspections etc|
|5||Section 271J Penalty on professionals for furnishing incorrect information in reports / certificates|
|6||Section 271I Penalty for failure in furnishing Form 15CA & Form 15CB|
|7||Section 271H Penalty for late filing/non-filing of TDS or TCS return|
|8||Penalty for failure in furnishing report or furnishing inaccurate report under section 286 – Section 271GB|
|9||Section 271GA Penalty for failure in furnishing the information / document in Form 49D as required under section 285A|
|10||Section 271G Penalty for failure to furnish information / document as per provisions of section 92D|
|11||Section 271FB Penalty for default in furnishing return of fringe benefits|
|12||Section 271FAB Penalty for failure to furnish statement / information / document by an eligible investment fund|
|13||Penalty for providing inaccurate statement of financial transaction or reportable account- Section 271FAA|
|14||Section 271FA Penalty for failure in furnishing statement of financial transactions or reportable account|
|15||Section 271E Penalty for contravening provisions of section 269T|
|16||Section 271DB | Penalty for contravening provisions of section 269SU|
|17||Section 271DA Penalty for contravening provisions of section 269ST|
|18||Section 271CA Penalty for failure to collect tax at source (TCS)|
|19||Section 271D Penalty for contravening provisions of section 269SS|
|20||Section 271C Penalty for failure / non-deduction / non-payment of TDS|
|21||TDS Rate Chart for AY 2020-21 and AY 2021-22|
|22||Section 271BA Penalty for failure to furnish section 92E report|
|23||Section 271B Penalty for failure to get accounts audited|
|24||Section 271AAC Penalty in respect of certain specified income|
|25||Section 271AA Penalty for failure to maintain Transfer Pricing documents|
|26||Section 271A Penalty for failure to keep / maintain or retain books of accounts, documents|
|27||Section 270A(1) Penalty for under-reporting & misreporting of income|
|28||Section 269SU Acceptance of payment through electronic modes|
|29||Section 234F Late fees for default in filing of income tax return|
|30||Section 234E Late Fee for default in filing of TDS / TCS returns|
|31||Section 158BFA(2) – Penalty on undisclosed income for block period|
|32||Section 140A(3) Penalty for non-payment of self-assessment tax|