Rectification of tds section

Dear Experts,

W.e.f 01/07/2012, Payments to Non Executive Directors are covered u/s 194J.However, in respect of few companies, payemnts have been made to directors who are not in wholetime employment/managing director in various months and corresponding tds have been deducted.

My query is that while tds in respect of have been deposited u/s 92B but they are covered u/s 194J and that too w.e.f 01/07/2012.So prior to 01/07/2012, no tds was applicable on them.How to adjust the tds deposited u/s 92B.Whether ITNS Challan 281 needs to be rectified and if so is there any time limits?Further, we are in the process of depositing tds under correct section code for the payments made thereafter,whether we can adjust those payments and deposit the net tds liability.

Replies (1)

For the TDS paid u/s 92B please file the TDS return accordingly (i.e mention section 92B in TDS return) 

and for the further period for which TDS was deposited u/s 94J file return u/s 94J..... As this is a sincere mistake there will be no penalty for doing so...

 

You will not be allowed any credit for the TDS amount deposited earlier either under same section or different section ...because the date of payment of challan should fall after date of deduction of TDS in TDS return...

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