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Penalty for non submission of E-TDS return

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(Querist)
20 December 2010 One of My client being an Individual has not filed E-TDS return for the IV th Quarter ended on 31.03.2009 till date.Though he has been deducted TDS u/s 194C from payee's & also remitted to Govt.Deptt.along with Interest for delay in payment.Now can we file the same or not.If yes then is it mandotary to pay the penalty if any arise with submission of said E-TDS return.
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CMA. CS. Sanjay Gupta

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CMA. CS. Sanjay Gupta (Expert)
20 December 2010 PENALTY is Rs 100 per day for the period of continuing default subject to maximum of TDS amount. But no need to pay Penalty at the time of filing of TDS return. You can file TDS return, and wait for any notice (If issued) by TDS AO.
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