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TDS returns not filed but deposited

ruchi (3) (38 Points)

05 January 2013

Hi I have recently joined an organisation and found some irregularities regarding Service Tax. Want you to help me in this case please.

the company has deduted 2 tds of amount 3500 each under 94j, but not filed the returns nor deposited in the last 3 years

the company has deposited service tax claimed for the past 3 years but never filed the returns.

how can i resolve this issue, what are the penalties and interest applicable in this case.

its very urgent

kindly help me

regards

ruchi

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2 Replies

R.Suresh (Sr. Executive) (394 Points)
Replied 06 January 2013

TDS:

As a Company need to fulfill the 2 steps of TDS part.

Step 1:

A Company deducting the TDS from Vendors or Service providers for the particular Service or Contract and the same should be deposit through bank in the name of CBDT and given time limit. (This step 1 is only the TDS amount what u deducted that u sending to CBDT through Bank).

Step2:

In step 1 what the amount we have deducted from our Vendor or Service provider, that we deposited properly to CBDT at an lump sum amount in the specified section wise (194C, 194J, 194I etc...)

But in that lump sum payment, in a single section we have deducted from so many Vendors and Service providers, now we need to allocate the same through there specified PAN from our paid amount to CBDT, for this we need to file a return that is called ETDS filling (it will happen in 3 months once), then only the Vendor or Service provider of the Company will get the TDS credit to his or there PAN perffectly.

Service Tax:

In Service Tax the filing of returns and other formalities is deffer based on the company, in your question u r not mentioned about ur company so specify about ur company (Business or what service the company providing) it will helpful me to give suggestion for your questions.

Any doubts, please u can feel free to ask.......