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Querist : Anonymous

Querist : Anonymous (Querist)

21 February 2014 Hi all,
Can anybody tell me till what time (Period) the assessing officer may issue notice for asking to pay panalty for late filling of TDS return??? specify the Sec or case law if any.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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21 February 2014 first of all, please note that 234E is not a penalty and doesnt require a notice from the AO. it is mandatory in nature and should normally be discharged by the deductor at the time of filing the return itself. the time bar under 200A should normally operate if any notice is issued ie one year from the end of financial year in which the return was filed.

But you need to remember one more thing as such AO has no power to recover 234E under 200A or 204. in many cases 234E has been waived off by CIT(A) on appeal by the deductor.

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