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Actual date of payment of TDS

10 December 2010

I would like to know whether there is a delay in remittance of TDS.

TDS amount for the month of May 09. The cheque for the amount was submitted to bank on 5th June. The cheque was sent for collection and it was debited in our account on 8th June as 7th June was a sunday. However bank has given the challan on 9th with date of realisation as 9th June .

Please clarify whether there was a delay in remittance and interest is payable.

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4 Replies

Sunali (Learner) (1317 Points)
Replied 10 December 2010

In my opinion, there is no delay in TDS since the amount has been debited on 8th May which is acceptable being Sunday on 7th May. The same can also be produced as a clear evidence in future.

CA Sahil Singla.. (Service Tax ) (3746 Points)
Replied 10 December 2010

agreed with sunali

Prejith (Pursuing CA) (92 Points)
Replied 10 December 2010

According to section 10 of the General Clauses Act, 1897 if any proceeding is directed or allowed to be done or taken in any Court or office on a certain day and if that day happens to be a sunday or a holiday, then such proceedings shall be considered as done or taken in due time after it is done or taken on the next day, afterwards, on which the Court or office (or the bank) is open.

The same stand has been taken w.r.t payment of advance tax. If the due date of paying advance tax happens to be a Sunday interest u/s 234 B or 234 C shall not be applicable. Circular : No. 676, dated 14-1-1994.

So considering the above and to my magnitude there is no delay in your case.

Regards

Harsimran Singh (Student) (204 Points)
Replied 15 December 2010

Originally posted by : S.R.Babu Shankar
	I would like to know whether there is a delay in remittance of TDS. TDS amount for the month of May 09. The cheque for the amount was submitted to bank on 5th June. The cheque was sent for collection and it was debited in our account on 8th June as 7th June was a sunday. However bank has given the challan on 9th with date of realisation as 9th June . Please clarify whether there was a delay in remittance and interest is payable.