return for non-tds

Tax queries 1309 views 14 replies

hi everyone

As if we have obtained the PAN of transporter in ambit of non deduction of TDS on the same.

Do we need to file a tds return for the same?

suppose we have no other TDS deductions ,but have PAN of transporters only.

Replies (14)

TDS return is to be filed by the persons who have obtained TAN for deduting TDS.

if have TAN than filling of TDS return is mandatory

Till now i have not seen any circular issued for compulsory filing of TDS if you have a TAN. So TDS return should be made only if some deduction has been during the quarter

Payments to transporters without deducting TDS (as they have quoted PAN) should be reported by Deductor with PAN details to the Income Tax Department in the prescribed format. But i think that prescribed format is not provided by the deptt. till date.

Suggestions from experts are welcome.

Thanks

Shikha
 

No TDS return is required to be filed if we have not deducted any TDS during the quarter. If we see practically, non filing of TDS return attracts a penalty of Rs 100 per day but subject to maximum of amount of TDS. And if TDS amount is zero so no penalty can be attracted.

AGREE with pardeep bansal.

a impresive comment by pradeep bansal.....i agree too..

but

I Think TDS Return should Be Filled if No Deduction Made during Quarter....

Ya Its True That No Case Law I seen Till Now for That Issue.......

but true is that no case law for non filling of return is also not seen.......

so, solution is go for safe side........

& file return..............

only it will make expenses of rs. 28/-

TDS Return need to be filled & you need to give deatil of PAN no. of transporter to income tax department so they can track such assessee & bring them under the purview of income tax law

As already mentioned, the prescribed format for providing the details of payment to transporters has not been notified till date so its better to file a nil return mentioning the details of credit/payment and PAN of transpoerts to be on the safer side.

Mr Ayush Aggarwal... its not the game of safe side or un safe side. and even its not the question of Rs 28/-. If there is no need to file a return it means professionally we should not file it. A safe side approach is a very negative approach and generally adopted by Govt, Officials. But if we have knowledge and know wat the law is... then why to waste time and rs 28/- I think to prepare a NIL return and to submit it to NSDL needs atleast 1 hour. Wat u think the costing of 1 hour??? so you should say that it will cost 28+ coneveyance+ 1 hour. You must be aware that in this campus interview 3 fresh CA are hired by OLam Internationa for Rs 70 lac p.a. so can u calculate the costing of 1 hour. Always be positive and cool mind while we r in profession.

Pradeep Sir highly appreciate your approach....

 

And I am in total agreement with you as far as filing of the return is concerned
 

Thanks all,especially Pardeep sir

so now ,should i accept fully that return is not to be filed?

regardless to be on safe or unsafe side,

 

 
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mr. vishnu, what is this?is this a place to post something like this


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