Government of India vide Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 on 31.03.2020. notified relief measures  related to Income Tax return filings, GST compliance, PAN-Aadhar linkage and other statutory and regulatory issues.

Income Tax Act 1961 also covers under the Specified Act as per Para 2 of the ordinance.

Chapter 1

Extension of TDS Return (Q4 ) Filing date

As per Para 3(1)(b) the Ordinance ,where any limit has been specified in specified Act which falls during the period from 20th day of March 2020 to 29th day of June 2020 , for the compliance of –furnishing of any return under the provision of specified Act ,Then the time limit for completion shall stand extended to the 30th of June 2020

stand extended to the 30th of June 2020

Interest for late deposit of Tax deducted for the month of March 2020 : As per Para 3(2) of the said Ordinance :-

Where any due date has been specified under the specified Act for payment of any amount towards tax which falls during the period from 20th day of March 2020 to 29th day of June 2020 and such amount has not been paid on or before 30th June 2020, then notwithstanding anything contained in this Act

notwithstanding

Interest shall be levied in respect of such amount for the period of delay not exceeding  three-four percentage (.75%) for every month or part thereof

Part II

The rate of interest payable

However , there will not be any penalty and  prosecution in respect of such amount for the period of delay .

Explanation – For the purpose of this sub section the period of delay means the period between the due date and the date on which the amount has been paid

Thus , it is clear that whilst date of TDS filing which is 31st May ( falls between 20 March 2020 – 29 June 2020 )is extended to 30th June 2020 , delay in deposit of TDS will be subject to interest @ .75% for every month of delay .

The Author can be approached at caanitabhadra@gmail.com

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15 Comments

  1. Feroze Khan says:

    The government has extended the lockdown upto 31st may 2020. How can we pay the tds/tds and also interest in charge for the period as all the records are available in the office. It is suggested that the payment date to be after lockdown and the filing of return to be after a month or two.

  2. Feroze Khan says:

    Since lockdown is going on upto 31.05.2020 how can tds will be paid on the stipulated time. It is better to extend the payment date after lockdown date and the return filing date to subsequent date after one month from the date of payment of tds.

  3. HARSHAD SHAH says:

    Sir our company is closed due to lockdown & in HOTSPOT area and no data for TDs also not possible to reach at office in any way what can we do without data we can not deposit TDs payment on or before due date of 30.04.2020 also some service invoices are not received. will we have to pay TDS with late Interest @ 9% for Three Months Interest for March-20 & Int. for 2 Months for April-20

  4. Sachin kulkarni says:

    Sir our company is closed due to lockdown and no data for TDs payment and govt no announced any notification regarding extended the due date also not possible to reach at office in any way what can we do without data we can not deposit TDs payment please reply with your experts advice

  5. CA RAVI KAMATH says:

    I believe there’s a small unintended error in the para “… such amount has not been paid on or before 30th June 2020, then notwithstanding anything contained in this Act” . It should actually be “…has not been paid before the due date but paid on or before 30th ” because the current meaning gives contradictory view to the gazette notification

  6. Anita Bhadra says:

    In my view, the employer needs to deposit TDS by 30th April 2020.

    The employee will invest by 30th June and claim the refund while filing his I T Return

  7. Indrajeet L Bahekar says:

    My employer not deposited the tax with income tax department
    But TDS is cut from my salary
    Same is not reflecting in 26 VAS
    What should I do
    Where should I lodge a complain about this
    I am tired of telling employer to deposit tds with IT department but they not doing so
    I have got my salary slips for every month

    1. GANDHI MOHAN BHARATI says:

      Complain to the concerned Commissioner of Income Tax (TDS) with details by Registered Post with Acknowledgement Due.

    2. NEETA SHAHI says:

      you need not to worry about TDS reflection in form 26 AS. please check after 30th June-2020 as once the return submitted by the company it will reflact in 26AS.

  8. CA RAKESH BHARGAVA says:

    THE FOLLOWING POINTS ARE NOT CLEAR
    1.U/S 192 THE TDS ON SALARY IS DEDUCTIBLE BUT THE EMPLOYEE CAN DEPOSIT / MAKE INVESTMENTS BY 30.06.2020. HOW THE SAME CAN BE WORKOUT IN APRIL AND DEPOSITED BEFORE 30.04.2020 DUE FOR THE MONTH OF MARCH 2020.
    2.UNDER COVID 19 THERE IS COMPLETE LOCK DOWN AND DATA IS NOT AVAILABLE TILL 04.05.2020. PLEASE LET US NOW HOW A PERSON CAN BE HELD RESPONSIBLE UNDER FORCE MEASURE (CONDITION BEYOND ONCE CONTROL). THE TDS FOR MARCH CANNOT BE WORKED OUT SINCE BILLS OF SERVICES BE PENDING FOR MARCH 2020

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