Non deduction of tds

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This query is : Resolved

rajesh (Querist)

19 July 2012 If any education doesnot deduct TDS from salary of its employees. or it deducts the tds but not pay to the govt. a/c. and the employee pay tax at his own.

What is the effect of non deduction of tds or non payment of tds to govt. a/c .? and what is the responsilibity of the employee in this regard?

CA mahesh birla

CA mahesh birla (Expert)

19 July 2012 Non compliance with TDS provisions can result in :

1. Disallowance u/s. 40(a) (ia) of Income Tax Act, 1961 (Act).

2. Raising of demand u/s. 201(1) of the Act.

3. Charging of Interest u/s. 201(1A) of the Act.

4. Levying penalty u/s. 271C of the Act upto the amount of tax in default –

5. Levying of penalty u/s. 221 of the Act for non payment of demand raised.

6. Prosecution u/s.276B of the Act involving rigorous imprisonment upto 7 years with fine.

7. Penalty u/s. 271BB of the Act for failure to apply for TAN or non-quoting thereof.

8. Penalty u/s. 272A (2)(k) of the Act for non filing of TDS returns.

9. Fee U/s 234E for late filing of TDS Statement.

10. Penalty U/s 271H for late filing or non filing of TDS Return

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