Pil for tds liability

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JASHAVANT KHAMAR

SERVICE

34 Points Posted on 15 February 2014

Tax collection is the responsibility of Government. i.e. Income Tax Department. But, they put responsibility on public in way of "TDS".

We are collecting tax on behalf of Government. So, we are helping to Government.

Then why should we pay penalty on late payment or short collection or late filling ?

We should file PIL against it

Replies (2)

SAURABH NENE

Chartered Accountant

176 Points Posted on 15 February 2014

Sir,

PIL has been already filed in Kerala High Court by some body and Constitutional Validity of levy of late filing fee u/s 234 E has been challenged. HC has granted two months of interim stay on the same. please read the details below. Let's hope that levy of late filing fee gets struck down by HC.

https://www.simpletaxindia.net/2014/01/stay-granted-on-late-fees-us-234e-on.html

https://itatonline.org/archives/index.php/narath-mapila-lp-school-vs-uoi-kerala-high-court-s-234e-high-court-grants-interim-stay-on-levy-of-fee-for-failure-to-file-tds-statement/

Mihir

Wealth Manager

5358 Points Posted on 15 February 2014

Without penalty, nobody would comply with the TDS provision. The problem lies with the TDS return filing. Many people are complaining about the TDS return filing process. Hope they simplify and make it easy.