TDS Returns

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This query is : Resolved

Hemant Gupta (Querist)

14 July 2009 I want to know that if someone is having the TAN. but during the quarter if he has not deducted any TDS, is he required to file the TDS return. If so please quote the section or the rule also.

And will the date be still 15th

CA Bosu babu

CA Bosu babu (Expert)

15 July 2009 If u have filed TDS return in last quarter and in the current quarter u havent deducted any TDS in such a case u need to file a NIL return. As u are filing a regular return. If u want to talk abt data then in the Form 27A all informtaion will be there abt Deductor and the Person responsible for deduction and in the columns of TDS deducted amount willbe NIL and same with TDS deposited

CA Bosu babu

CA Bosu babu (Expert)

15 July 2009 i got this info from my fd.....

Legally there is no need to file Quarterly TDS Return /
Statement where no tax has been deducted at source.
NSDL is also of the view that it is not at all compulsory to
file NIL return, if deductor has not deducted any tax at
source or if there is no transaction at all for a particular
period.
But NSDL also states that it is upto the assessee whether
to keep a record in system or maintain a track with
Income Tax Department.
If for a quarter TDS return / statement are not filed then
the assessee receives a letter / notice from NSDL for nonfiling
of e-TDS return/statement.
NSDL's letter for non-filing of e-TDS return/statement
clearly mentions at the bottom that if the assesee has
already furnished or is not required to furnish TDS
return/statement then the letter is to be ignored.
But as NSDL is a person authorized by the income-tax
authority, its letter for non-filing of e-TDS
return/statement is considered to be a notice from the
Income-tax Department and looked upon very seriously.
The assesee who has not filed the return because of NIL
transactions replies to this letter stating that as there is
no transaction during the quarter the return/statement
has not been filed. This process is repeated everytime a
return is not filed because of NIL transactions. The other
option left before the assessee is to file a NIL return.

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