Late filing tds return notice

My dear friend you cannot receive a notice exceeding the amount of tds. As you say you were only liable to deduct 200 rs as tds, then you cant receive a notice exceeding rs 200.

hello sir whether we need pay the late filing fees to govt in time.....but some clients is not ready pay the amount

Section 234E – Levy of Fees 

• Failure to submit e-TDS Statement on time will result in fees on the deductor.
• If you delay or forget to file your e-TDS Statement, fees of Rs. 200 per day will be levied on the deductor, as long as TDS Statement is not filed.
• The levied amount of fee is not supposed to exceed the TDS deductibles.
• Prior to filing of TDS Statement such fee should be paid and it should be reflected in the TDS Statement.

Section 271H – Penalty

• Deductor has to pay a penalty ranging from minimum of Rs. 10,000/- to One Lac rupees,
  • If deductor exceeds one year time limit to File TDS Statement.
  • If deductor furnishes incorrect details like PAN, TDS Amount, Payment of Challan etc.

Mohsin sir, your point of view is perfect. In this situation I want to share my view also. TDS is deducted for the help of Government and ETDS work and Charges are bourned by the Deductor for this ETDS work. So the ultimate beneficiaries are, the Central Govt and  Deductees. If Penalty u/s 234E imposed on the default by the deductor, he further suffered. So Incometax Department must see this fact and kindly remove or postpone the penalty u/s 234E and first properly inform and educate the Deductors  in this regard. Because TDS Money properly deposited to the central govt, and  only ETDS retruns are delayed. Further there is acceptable shortage in ETDS return preparers and filers also. This is because of low income and high tension work on ETDS. All are causes for delay in ETDS filing. So deductors strongly oppose penalty u/s 234E and Department must reconsider thier penalty u/s 234E and may postphone the same. Because there must be a accaptable rule to file the ETDS returns. Deductors must realize thier important part of work in this regard and must take due care to file ETDS in time. Particularly the Government Deductors must give due attention in this regard.

good evening all

01. please read deeply in u/s 234E line to line, 234E applicable at the time of tds return filed( delivering time ot submitting time

02. no any person liable to pay the late fee.

03. Demand of late fee cannot be recovered for TDS statement if not collected at the time of delivering TDs statement to the department.

04. Demand of late fee cannot be raised for late fee deposited by processing the Tds return.

Provisions of Sec. 234E has been made applicable w.e.f. 1st July, 2012. It states that “ Amount of late fee 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. The authorized TIN- NSDL  centre which accepted the TDS statement also accepted these without late fee, as well as the software utility of the TDS department itself accepted these without late fee.

Once the TDS statement has been accepted without late fee, then such late fee cannot be recovered later on.

As per provisions of Sec. 234E(4) late fee  is applicable for “TDS statement which is to be delivered or caused to delivered for tax deducted at source or tax collected at source, as the case may be, on or after  1st 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, if not collected at the time of delivering TDS statement to the department.

I can partially agree to it. Because, one can't justify his mistake by showing his finger on other person saying that he is also making the same mistake in the manner i am doing.......!!!!

At the same time, there is no second thought to everyone of us that "getting refund from IT dept is a nightmare".

However, if we go and talk to any IT officer about this matter, he would give us a very long list of dept's internal procedures/systems to process the refunds to the assessee. Finally with no other option we have to agree to it and turn back silently!!!....

Hi Friends

I have received a notice indicating the late filing of TDS statement. I am attaching the letter received. Can some one help me?

Swami

Director , QES Info Solutions Pvt Ltd ( consulting company)