Table of Contents
Due date to file TDS Return and Deposit TDS
TDS (Tax Deducted at Source) is a way to recover income tax from an assessee in the Previous Year itself. Any person who is required to deduct TDS and does not deduct such amount whole or in part or doesn't pay it to the government after deduction is deemed to be an assessee in default.
As per section 200 of the Income Tax Act, 1961 it is the duty of the person liable to deduct TDS to pay TDS to the government and to file TDS Return. This article covers the following:
Due date to deposit tax
As per Section 200 of the Income Tax Act 1961, it is the duty of the deductor to deposit the TDS to the account of the government within the prescribed period. The due date to deposit TDS has been defined in Rule 30 of the Income Tax Act:
|
Tax Deductor |
Period |
Due Date |
|
Government Office(With Challan) and Other Deductors |
For any other month |
7th of the succeeding month |
|
Other Deductor |
For the month of March |
30th April 2024 |
Consequences of Failure to Deduct TDS:
The consequences of failure to deduct TDS is covered in Section 201:
Interest Deduction:
|
Interest on TDS |
Period for which interest is to paid |
|
1.5% per month |
From the date of deduction to the date of payment |
Due date to file TDS Return
Rule 31A of the Income Tax Act, 1961 states that every person who is responsible for deduction of tax is liable to file a quarterly statement of deduction of tax as per the following due dates.
Common due dates are now issued for the government as well as other deductors. Earlier there were differential due dates to file TDS statements for the government and deductors.
|
Quarter |
Period |
TDS Return |
|
First Quarter |
April-June |
31st July 2024 |
|
Second Quarter |
July-September |
31st Oct 2024 |
|
Third Quarter |
October- December |
31st Jan 2025 |
|
Fourth Quarter |
January-March |
31st May 2025 |
Due date to file TDS Return for deductor liable to TDS under Section 194-IA, 194-IB, and 194-M:
Sub-rule 4 of rule 31A States, deductors liable to deduct TDS under Section 194-IA, 194-IB, and 194-M are liable to file challan-cum-statement within 30 days from the end of the month in which deduction is made in Form no. 26QB, Form no. 26QC, and Form no. 26QD respectively.
Late fee for the delay in filing of TDS return
Section 234E states, "Where a person fails to file the TDS/TCS return on or before the due date prescribed in this regard, then he shall be liable to pay, by way of fee, a sum of Rs. 200 for every day during which the failure continues. The number of late fees, however, shall not exceed the amount of TDS."
Penalty for failure to file TDS Return
In addition to late fees, the deductor is also liable to pay penalty under section 271H. The minimum penalty shall be levied of Rs. 10,000 which can go upto Rs. 1,00,000.
No penalty under section 271H will be levied in case of delay in filing the TDS/TCS return if the deductor meets the following conditions :
1) The tax deducted/collected at source is paid to the credit of the Government along with late fees and interest.
2) The TDS/TCS return is filed before the expiry of a period of one year from the due date specified in this behalf.
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