Delay in filing quartely etds of llp

Dear Mr. Reddy

case 1: if you pay TDS on 11th may 2013, you need to pay interest on TDS outstanding.  if you file TDS return on 30 july 2013 and last date was 15/05/2013,  you need to pay a fee u/s 234 E @ 200 per day.

Case 2: if you pay TDS on 3rd Aug 2013 

you need to pay interest on TDS outstanding and it could be possible that your entire Expenses on which such tds was suppose to deduct, DISALLOWED but it depend on you nature of entity like Pvt. Company or proprietorship etc

Basically so many caselaws are there which says TDS should be paid before the due date of filing of return u/s 139 (1)

if file TDS return on 05th feb 2014 than again 234 E applicable

if your accountant paid TDS on time but only return was delayed than only section 234 E is applicable.

yes have heard right that there is stay from High courts on this issue but when will decision comes no body knows.

AS THE RETURN IS LATE DEPOSITED , SEC 234E IS APPLICABLE BUT RIGHT NOW THERE IS STAY BY KERELA AND KARNATAKA HIGH COURT & ISSUE IS ALSO RAISED IN RAJASTHAN HIGH COURT SO YOU CAN WAIT FOR THE DECISIONS AS PER YOUR WISH.

FEES U/S 234E IS 200PER DAY OR TDS DEDUCTED WHICHEVER IS LESS, THEREFORE IF THE AMOUNT OF FEES IS LESS THEN YOU MAY PAY IT

Hi,

Thank you for inputs.

We have paid TDS to government with interest. We got delayed in filing returns.

We are LLP.

Somewhere I read that the maximum penalty should not be more than the TDS amount paid. Is that correct?

The TDS amount paid was 18,000 in one of the cases and we got delayed by 180 days to file returns. Could you please suggest how much we need to pay?

Regards,

YOU CAN PAY 18000 ONLY

Agree with Suksham