TDS

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

05 November 2010 IF the TDS payment day are sunday i.e 7/11/2010, can i pay the TDS on 8/11/2010. there are any penalty on TDS amt.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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05 November 2010 In the matter of advance tax, there is a circular 676 dated 14/01/1994 ,reported in 205 ITR (St) 330, regarding remittance ,if due date is a holiday. But ,to my understanding ,there is no circular/notification regarding TDS remittance if the due date falls on a holiday. In view of that, General Clauses Act ,1897 can be followed,the relevant portion is given below.

Where, by any Central Act or Regulation made after the commencement of this Act, any act or proceeding is directed or allowed to be done or taken in any Court or office on a certain day or within a prescribed period, then, if the Court or office is closed on that day or the last day of the prescribed period, the act or proceedings shall be considered as done or taken in due time if it is done or taken on the next day afterwards on which the Court or office is open:

PROVIDED that nothing in this section shall apply to any act or proceeding to which the Indian Limitation Act, 1877 applies.

This section applies also to all Central Acts or Regulations made on or after the fourteenth day of January, 1887.

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