Late filing of tds returns

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This query is : Resolved

SHILPA MAHAJAN (Querist)

12 November 2014 Whether penalty under sec 271H is applicable on late filing of TDS return which pertains to only reporting of Freight entries and does not involve any tax deduction.

Ganeshbabu K

Ganeshbabu K (Expert)

12 November 2014 In my opinion.Yes penalty under 271H will be applicable if no return is filed.
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only when,

If deductor exceeds one year time limit to File TDS Statement.

If deductor furnishes incorrect details like PAN, TDS Amount, Payment of Challan etc.
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Hence if in ur case delay is not more than 1 year no need to fear abt 271H

SHILPA MAHAJAN

SHILPA MAHAJAN (Querist)

12 November 2014 in my case,the return is late by more than 1 year. but the main issue is that whether penalty can be imposed for late filing of return which involves no TDS deduction.

Ganeshbabu K

Ganeshbabu K (Expert)

12 November 2014 Yes.In my opinion it is applicable.

This amendment is effective from 1st July 2012.

We cannot escape just like 234E
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where fee is limited to tds deducted
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234E is levy feee
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271H is penalty

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