10 March 2014
Recently Ministry Of Finance made Press Release for extending due date of filling of quarterly tds return for Q2 To Q4 for 2012-13 and Q1 to Q3 for Fy 2013-14 for government deductor.By this CBDT automatically nullify late fess of 234 E for govt deductor. One of my client is school which is run by 100% govt grant received in form of Salary grant & maintenance grant. Two year back govt DDO deduct tds from salaries paid to staff. but since last two year School has apply tan on its name and deducted tds of their staff. DDO pay cheque in name of "Principal of XYZ Scool ". of salaries paid to staff. All staff of this school is on payroll of state govt and all rules of state education board is applied to this school and its all staff. So in this situation . May i grant relief on ground of this press release ? Please guide its urgent.
10 March 2014
the relief is only for government deductors who deposit TDS vide book entries. I dont think it applies to the schools. so dont think it applies to your client
10 March 2014
As per my knowledge definition of Govt deductor is not defined in income tax . All Drawing and Disbursing Officers of Central and State Governments come under the category of government deductors. as per income tax site . person making payment of salaries to staff comes under drawing and disbursing officers of state govt . then indirectly person making payment is govt deductor . It is also noted that for government deductor deposit of tds through book entries is also not mandatory . Please go through following link.http://www.taxmann.com/topstories/104010000000040816/cbdt-issues-circular-on-income-tax-deduction-from-salaries-for-financial-year-2013-14.aspx
10 March 2014
As per my knowledge definition of Govt deductor is not defined in income tax . All Drawing and Disbursing Officers of Central and State Governments come under the category of government deductors. as per income tax site . person making payment of salaries to staff comes under drawing and disbursing officers of state govt . then indirectly person making payment is govt deductor . It is also noted that for government deductor deposit of tds through book entries is also not mandatory . Please go through following link.http://www.taxmann.com/topstories/104010000000040816/cbdt-issues-circular-on-income-tax-deduction-from-salaries-for-financial-year-2013-14.aspx
10 March 2014
yup u r right abt the payment through challan. with regards to the particular client, check the status under which the tds returns have been filed - dovt ddo or others
10 March 2014
Ok thanks . Return filling is in category of others. But substance of transaction is how much valid in eyes of law , i dont know. I want to make application to TDS Commissioner for granting my client relief on basis of this circular. Thanks a lot to always answer a query.
10 March 2014
Jimi...thats the problem part..while filing returns you are urself claiming that you are not a govt deductor. you TAN status shall also reflect the same. plus, the said CBDT circular has provided relief on account of delay in generation of BIN. If BIN is not applicable to your case, it is nigh impossible argue your case in any manner.
CAclubindia
