Avoiding late filing fees u/s 234e

My client has filed TDS return for quarter 3 of FY 12-13 in April 2013 which attracts late filing fees u/s 234E. However, he is not willing to pay the late filing fees. Is there a possibility that a revised return be filed with NIL TDS and TDS already paid be claimed as a refund/adjusted in future year's TDS? The logic behind this strategy is that as per the amendments of Finance Act 2012, if the deductor has failed to deduct & pay TDS but the concerned deductee/payee has included it in his total income, paid tax alongwith interest thereon, filed ITR u/s 139 & furnishes a certificate from CA in Form 26A, then the deductor can claim expenses u/s 40(a)(ia) for such amount paid.

Kindly give your suggestions and comments whether this strategy will work out. Or else, suggest me a strategy by which late filing fees u/s 234E can be avoided.

Replies (2)
Dear Kushal, I do not know if this is ethical. But the question is what will happen to the tax deposited by the payer/deductor. It will simply be government's income as there will be no corresponding claim for set off. Regards,

Plus the deductee will pressurise the deductor to file TDS return so that deductee gets claim for set off or refund as it has got less amount of money after deduction of TDS.

The deductor cannot set off the amount deposited against future TDS liability.

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