Under section 234E
This query is : Resolved
05 September 2023
Dear Sir,
There is demand of Rs. 71,584 for the Q2 and Q3 towards non filing of TDS belated returns for the F.Y.2015-2016, but during the year TDS deducted and paid and filed the belated returns of Rs. 25,550 for both the periods ie. Q2 and Q3, Now the question is under supra section whether the demand ie late fee is of Rs. 71,584 or only it would be restricted to Rs. 25,550 to the extent of which there is TDS deducted and paid. Becasue no penalty should not be more than of tax amount.
2. since demand pertained to F.Y. 2015-2016, as the propreitory ship got closed and propreitor also passed away. does the recovery proceedigs will happen
There is demand of Rs. 71,584 for the Q2 and Q3 towards non filing of TDS belated returns for the F.Y.2015-2016, but during the year TDS deducted and paid and filed the belated returns of Rs. 25,550 for both the periods ie. Q2 and Q3, Now the question is under supra section whether the demand ie late fee is of Rs. 71,584 or only it would be restricted to Rs. 25,550 to the extent of which there is TDS deducted and paid. Becasue no penalty should not be more than of tax amount.
2. since demand pertained to F.Y. 2015-2016, as the propreitory ship got closed and propreitor also passed away. does the recovery proceedigs will happen
CA R SEETHARAMAN
(Expert)
05 September 2023
1 It would be restricted to Rs. 25,550 to the extent of which there is TDS.
2 Reply the proprietor ship got closed and proprietor also passed away. Recovery proceedings will not happen.
2 Reply the proprietor ship got closed and proprietor also passed away. Recovery proceedings will not happen.
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