A company assessee has not deducted any tax at source,for the quarter 01/04/2012 to 30/06/2012.
The company deducts tax on interest payments it makes annually and thus files a TDS return Form 26Q for quarter ended 31/03/.... each year.
My question is is the assessee liable to file a Quarterly TDS return for every quarter also??? Making it liable to file the return for the quarter ended 30/06/2012.
30 June 2012
In case the company does not have any TDS obligation during the quarter, it is not mandatory to file the NIL E-TDS return.
Querist :
Anonymous
Querist :
Anonymous
(Querist)
30 June 2012
Okay Sir. But in some of the discussions in this forum members are mentioning that w.e.f 01/04/2009, filing of return is mandatory for nil returns also. Kindly opine
10 August 2024
As of the latest guidelines, here's how the requirement for filing TDS returns works, especially when dealing with nil returns:
### **TDS Return Filing Requirements**
1. **Quarterly Filing of TDS Returns** - As per the Income Tax Act, a company is required to file TDS returns quarterly, even if there are no tax deductions made during the quarter. This requirement has been in place since April 1, 2009.
2. **Nil Returns** - If a company did not deduct any tax at source during a particular quarter, it is still mandatory to file a "nil" return for that quarter. This ensures compliance and keeps the records up to date with the tax authorities.
### **Specifics for the Quarter Ending 30/06/2012**
- For the quarter ending June 30, 2012, if no TDS was deducted, the company should still file a nil TDS return in Form 26Q. This is to inform the tax department that no TDS was deducted for that period.
### **Key Points to Note**
- **Filing Deadline**: The quarterly TDS return, whether nil or not, must be filed within the prescribed due dates, which are usually one month after the end of the quarter. For the quarter ending June 30, the due date would generally be July 31 of that year.
- **Penalties**: Non-filing or late filing of even nil returns can attract penalties under Section 234E of the Income Tax Act. The penalty can be levied for delay in filing TDS returns.
- **Forms**: The relevant form for TDS returns is Form 26Q. This form needs to be used for reporting TDS on payments other than salary.
- **Software and E-filing**: TDS returns must be filed electronically through the NSDL e-Gov or the Income Tax Department’s portal.
### **Conclusion**
To comply with the regulations, you need to file a nil return for every quarter where no TDS was deducted. This is mandatory even if the return is showing no tax deducted. Ensuring timely and accurate filing of TDS returns is crucial to avoid penalties and maintain compliance with tax regulations.
If there are further clarifications needed or if specific issues arise, consulting a tax professional or advisor can provide tailored guidance based on the company’s situation.