Tds return not filed for the year a y 2009-10

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Pallavi (Querist)
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21 April 2015 TDS Return was not filed by the client for the A Y 2009-10. Now employees who were working there are started getting the demand notice from the IT department. What can be the solution now for solving this problem

Now filing the return would attract penalty and Interest which is more than the TDS payable.

Kindly suggest the valid points for rectification. Because around 20 doctors are working in that hospital... all are getting the demand notice.

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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21 April 2015 Incase TDS deducted and not deposited and also not filed, then better refund to employees and ask them to pay the tax. if tds also deposited the approach your TDS-ITO for filling the TDS return and upload the return

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Nikhil Kaushik

Nikhil Kaushik (Expert)
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25 April 2015 I believe filing the TDS return is the only solution. Giving TDS amount back to employees is not going to help anyone as employees will have to suffer from interest penalties under 234A/B/C plus penalties and the employer will continue to be assessee in default.

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