Tds return

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Querist : Anonymous

Querist : Anonymous (Querist)

24 September 2014 I have not Filed my Organisation TDS Return For FY 2011-12,2012-13,1st Qtr of 2014.

Can i will be file this return .

any penalty imposed to me ?

How to waiver this penalty ?

Nikhil Kaushik

Nikhil Kaushik (Expert)
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25 September 2014 yes these returns can be filed

the penalty will depend on whether there was any tax deductible during these quarters. please refer section 234E

this penalty cannot be waived off.

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Querist : Anonymous

Querist : Anonymous (Querist)

25 September 2014 Sec 234 E says penalty of Rs 200/- Per day , in our case FY 2011-12 & 2012-13 Penalty amount is very high .

Once we file the return notices will issued to us ,can we avoid old returns ( FY 11-12, 12-13 ) and file new return i.e. current year Return on time.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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25 September 2014 as on today, there is no remedy against 234E....

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CA Devanand Jethanandani

CA Devanand Jethanandani (Expert)
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25 September 2014 Dear Nikhil,

Isn't it so penalty u/s. 234E shall not exceed amount of TDS ?

Nikhil Kaushik

Nikhil Kaushik (Expert)
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25 September 2014 absolutely...that is why I said 234E application will depend on whether any tax was deductible or not. refer to my first message.

CA Devanand Jethanandani

CA Devanand Jethanandani (Expert)
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25 September 2014 Ok thanks Nikhil.............

Querist : Anonymous

Querist : Anonymous (Querist)

26 September 2014 Can i avoid to file old returns ? ie FY 11-12,12-13

Nikhil Kaushik

Nikhil Kaushik (Expert)
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26 September 2014 was there any tax deductible under those returns' period?

Querist : Anonymous

Querist : Anonymous (Querist)

26 September 2014 yes Tax was deducted and paid in year 11-12 , 12-13.
only return filing is pending.

Due to Penalty we have not filing returns till date ,

Nikhil Kaushik

Nikhil Kaushik (Expert)
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26 September 2014 then 234E liability shall go upto the tax deducted.

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Querist : Anonymous

Querist : Anonymous (Querist)

26 September 2014 Due to Penalty we were not filing returns till date.

What We will do ?

Nikhil Kaushik

Nikhil Kaushik (Expert)
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26 September 2014 well you can keep waiting for the judgment in cases pending before various high courts against validity of 234E.

But in case the judgment is in favor of the department, there wont be any savior..

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