06 February 2014
I have filed the TDS quarterly returns late. the department levied late filing fees of Rs.12000 each for Q2 and Q3 pertaining to the FY 2012-13 and 7000/- for Q4. What I have to to do to cancel the late filing fee by the department. Kindly appraise in this matter. I filed the returns on 22-06-2013 for all quarters.
06 February 2014
well as such you are required to pay it. it is not a discretion penalty. You may challenge it with CIT(A). chances of winning it? not too great...
06 February 2014
From July 1, 2012, department made mandatory to pay late fee to the tune of Rs 200 per day since the due date, in case of late filing of TDS returns by the new section 234E.
However, there is a chance to avoid, because department is not authorized to do so under section 200A or 204 or in any other section of Income Tax Act,1961. If notice is served to you by processing under section 200A, then apply for rectification of mistake under section 154 of the Act or directly file an appeal before CIT (Appeals).
CAclubindia
