Tds

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Yash Dave (Querist)

21 December 2012 i have heard that if there in nil tds in any financial year quarter than we dont have to file nil tds return but as per dicussion with our income tax (tds) jurdiciation officer who has send us notice of non filing of tds return in fin 2011-12 he said that if u dont file nil tds return then we will come to verify tds returns at ur place so what u suggest we have to file the tds returns if there in no tds or payment in above financial yr or no need to file tds returns if nil

CA Nischal Agrawal

CA Nischal Agrawal (Expert)

21 December 2012 If no TDS has been deducted then the liability to file return does not arise.

The TDS AO is simply threatening you though he can invoke survey proceedings to verify whether any tds was deductible by coming to your place of business.

I would suggest you to file a reply with the jurisdictional TDS AO explaining him the facts. Further Section 206 requires every person responsible to deduct tax should file returns however if there is no expenses on which tds is applicable then that person is not "responsible to deduct tax" hence Section 206 would not apply

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