eFiling Consultant
144 Points
Joined September 2010
Dear all experts
In due course of my experience there is no clarity in act to file or not to file but according to the new inserted provision(Fee u/s 234E for Late Filing of TDS Statement) when tds is deducted and remitted but not filed the detector may be penalised Rs.200/day subject to the maximum of tds amount. We can interpret when no amount is deducted remitted that is NIL we need not file the return because act clearly says subject to the maximum of tds amount.
Words of act - “234E. (1) Without prejudice to the provisions of the Act, where a person fails to deliver or cause to be delivered a statement within the time prescribed in subsection (3) of section 200 or the proviso to sub-section (3) of section 206C, he shall be liable to pay, by way of fee, a sum of two hundred rupees for every day during which the failure continues.
(2) The amount of fee referred to in sub-section (1) shall not exceed the amount of tax deductible or collectible, as the case may be.”