info @ tdsman.com

DEAR SIR GENERAL INSURANCE COMPANY(GOVT) NOT FILED TDS RETURN OF Q2 OF F/Y 2012-13 WITH IN DUE DATE. DUE TO CHANGE STAFF AND INTERNAL DISTURBANCE. BUT TDS OF THIS QUARTER HAS BEEN DEPOSITED WITH IN DUE DATE. DEPARTMENT HAS IMPOSED PENALTY U/S 234E RS. 24800/- PER RETURN FOR 26Q AND 24Q. HOW WE CAN SAVE PENALTY. WHEATHER ITO CAN DROP THIS PENALTY ?? AND IF ITO IS NOT SATISFIED. THEN WHAT WE CAN DO TO SAVE PENALTY??? PLEASE SUGGEST DEEPAK GOYAL (M) 98787-89044

If u have received any notice from tdscpc by way of processing of tds return (statement) creating a demand of late fee, then first of all you can make an application U/s 154 of the act online or to jurisdiction TDS AO by making a request of rectification that the processing of tds return U/s 200A for the purpose of Sec. 234E of the act is illegal and wrong because Sec. 200A of the act does not allow to process any tds return for short or non payment of late fee. Therefore request them to cancel the intimation sent to u U/s 200A otherwise u may file an appeal before jurisdictional CIT(Appeals) after rejection of rectification application made by u U/s 154 or u may directly file an appeal before CIT(Appeals) on the basis of notice received from tds cpc sent by processing U/s 200A because it is a demand notice U/s 156 of the act.

CA RAJESH MEHTA

FCA (DISA) (ICAI)

INDORE

09827036956  09424818719

If u have received any notice from tdscpc by way of processing of tds return (statement) creating a demand of late fee, then first of all you can make an application U/s 154 of the act online or to jurisdiction TDS AO by making a request of rectification that the processing of tds return U/s 200A for the purpose of Sec. 234E of the act is illegal and wrong because Sec. 200A of the act does not allow to process any tds return for short or non payment of late fee. Therefore request them to cancel the intimation sent to u U/s 200A otherwise u may file an appeal before jurisdictional CIT(Appeals) after rejection of rectification application made by u U/s 154 or u may directly file an appeal before CIT(Appeals) on the basis of notice received from tds cpc sent by processing U/s 200A because it is a demand notice U/s 156 of the act.

CA RAJESH MEHTA

FCA (DISA) (ICAI)

INDORE

09827036956  09424818719

after paying late fees do we have to revised the return, if no then how govt would know that assesse has paid late fees for particular return

CA RAJESH MEHTA

FCA, DISA(ICAI)

203 MANAS BHAWAN EXTN.,

11 RNT MARG, Near Hotel Shreemaya,

INDORE (M.P.) 452001

rajeshmehta_indore @ yahoo.com

09827036956, 09424818719

 

ARE YOU PUZZLED WITH TDS RETURN (STATEMENT)

LATE FEE NOTICE U/s 234E ?

 

Provisions of Sec. 234E has been made applicable w.e.f. 1^st July, 2012. It states that “Amount of late fee @ Rs. 200/- per day shall be paid before delivering a TDS statement”, It means that any late fee should have been deposited just at the time of delivering TDS statement and not later than this.

Once the TDS statement has been accepted without late fee, then such late fee cannot be recovered later on. However this late fee cannot be waived later on even for any reasonable cause, because it is not a penalty but a late fee.

As per provisions of Sec. 234E(4) late fee  is applicable for “TDS statement which is to be delivered or caused to be delivered for tax deducted at source or tax collected at source, as the case may be, on or after  1^st  day of July 2012”. 

Late fee cannot be recovered for  TDS statements which were due for F.Y. 2011-12 as well as TDS statement late fee cannot be recovered for F.Y. 2012-13 or till today, if not collected at the time of delivering TDS statement to the NSDL (Income Taxdepartment).

If a person has failed to deduct TDS or failed to collect TCS then also late fee is not applicable for such period of failure, because late fee under section 234E is imposable only in cases of default where the assessee has failed to deposit tds return ( statement) for tax deducted or collected at source. So it does not cover cases where assessee has failed to deduct TDS or failed to collect TCS. e.g. a persons has deducted TDS on 10^th May 2013 then TDS return for this period becomes due on 15^th July, 2013 in case of other than Govt. department and 31^st July,2013 in case of Government Department. Here, if the tds return (statement) is filed on 5^th Nov., 2013 then there is a delay of 112 days in case of other than Government Department deductor, but if this TDS was failed to be deducted on 10^th May 2013 and later on deducted on 12^th August, 2013, then this tds has to be deposited on 7^th Sept.,2013 and tds return for this (second) quarter has to be deposited on or before 15^th Oct., 2013.

Section 200(3) of the act also says that tds statement shall be filed after paying the tax deducted and rule 31A also covers cases where deduction is made under section 192 to section 196D, so it does not impose liability to file tds statement for tax deductible but not deducted at all.

On the other hand it is also pertinent to note that the law has not made any person responsible, to deposit late fee, in case of default in depositing late fee alongwith tds statement, which can be inferred from the provisions of Sec. 204 of the act, which states as under:-

“Sec. 204 of the act says:- For the purposes of [the foregoing provisions of this Chapter i.e. Sec. 190 to Sec. 203AA] and Section 285 the expression "person responsible for paying" means”, this phrase does not cover Section 234E.

Therefore it is clear that section 204 says that for the purpose of Sec. 234E none of the person has been made responsible, therefore if any late fee is due and not deposited alongwith the tds statement none can be held responsible to deposit it.

Demand of late fee cannot be raised also by way of processing of TDS statement, because Sec 200A(1) of the act talks about tds returns by a persons deducting any tds, so it does not cover cases of tax deductible but not deducted at all, the provisions of Sec. 200A of the act also does notpermit processing tds statement for default in payment of late fee, except any arithmetical error, or incorrect claim, or default in payment of interest, any tds payable or refundable etc. Section 200A also does not cover processing in cases of tax collection or collectible at source (TCS).

In view of the above it is my opinion that late fee cannot be recovered later on, by way of any notice , neither notice of demand U/s 156  can be issued for this. If any notice is issued by way of processing tds statement U/s 200A, then apply for rectification of mistake U/s 154 of the act or directly file an appeal before Commissioner of Income Tax (Appeals).

CA RAJESH MEHTA

INDORE

DATE  6 Nov. 2013

after payment of 234e late filing fee, whether it need to revise the return?

yes you have to revised tds return,

late fees should be paid through challan of 281,

and minor section will be 400

Dear Sir

there is not any selection option at the time of deposit e filing late fees through e payment mandatory field (primary e payment screen \ nature of payment \ dropdown list ) .

Which nature of payment , we will select from dropdown list of mandatory field ' nature of payment' ?

 

 

 

Dear Sir,

I have also same question as like of Somnath. which option we should select from dropdown list?

Please somebody reply as soon as possible.

Nature of payment will be same as previous challan i.e. 94C or 94H or 94I as the case may be.

but type of payment will be in Sec 400 i.e. regular assessement and you have to fill the amount in to 234E column

i am attaching herewith example of sec 234e challan copy for your refrence

please check it

Dear Sir

In case of late submission of  24Q return , we will select section  192 from dropdown list of 'NATURE of PAYMENT' field  but 26Q return is applicable for so many section & how we will select more than one option from  dropdown to pay late fees..

Example : 26 Q return is submitted combindly for 194A , 194B , 194C , 194H , 194I etc but how morethan one  options / Section , we will select for payment of late fees.

Regards

 

 

 

 

 

Regards

Dear Sir,

If we want to pay this fee online, then we need to select code 400.

But after that we need to select nature of payment that mean section code i.e. 94A or 94C or 94I etc. Question is that is it ok to select any of section codes?

Then detail of payment would be Fee u/s 234e.

Thank you