Income tax
This query is : Resolved
11 November 2013
tds nil return is to filed or not if yes from which year
Annu Agarwal
(Expert)
11 November 2013
No,there ia no requirement to file NIL tds return.
There are two reasons in support of my view:
1.As per Section 200(3)of the Income Tax Act 1961,NIL Tds return is not mandatory.The section mentions that "any person deducting any sum on or after 01.04.2005" is required to file TDS return When NO SUM is a deducted,then the question of filing the return does not arise.
2.As per sub rule 1 of rule31A of INcome Tax Rules,Filing of NIL Tds return is not mandatory.The rule use the words that "Every person responsible for deduction of any tax" is required to file TDS return .Here also i would contend that when there is no tax deduction responsibility than also there is no liability to file the return.
Hope my views help you in your query.
There are two reasons in support of my view:
1.As per Section 200(3)of the Income Tax Act 1961,NIL Tds return is not mandatory.The section mentions that "any person deducting any sum on or after 01.04.2005" is required to file TDS return When NO SUM is a deducted,then the question of filing the return does not arise.
2.As per sub rule 1 of rule31A of INcome Tax Rules,Filing of NIL Tds return is not mandatory.The rule use the words that "Every person responsible for deduction of any tax" is required to file TDS return .Here also i would contend that when there is no tax deduction responsibility than also there is no liability to file the return.
Hope my views help you in your query.
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