Tds default u/s 200a on property purchase & late filing levy

TDS 18348 views 9 replies

Hello Experts,

first of all I would like to thank you all for giving us this platform to raise our concerns and taking your time off to resolve it. Appreciate them!

Comin to my issue, I purchased a property from the owner during feb 2016 and when we went to get the original documents from Sro, they told us about TDS deduction. But I had paid full amount to the owner already.

after getting to know this, we paid 10% TDS during July 2016 and took the receipt to Sro and got the original docs.

while paying my TDS during July 2016, it said because of paying it late, I'll have to pay late fee. I thought it will be less and hence I proceeded.

after few days got an email from TDS intimations (TRACES) that, I'll have to pay huge amount (which is almost 50% of TDS amount I paid)  as interest on late payment and late filing levy.

seeing this amount we are really worried and scared and not sure on how to proceed.

so experts, please help me understand why it was somuch and let me know how to proceed on this issue too pls.

Arun.

Replies (9)

You have purchased the property on Feb Month , your TDS payment liability is on the next month , however you have not remitted on next month , now you need to make TDS payment with interest. Interest is 1.5 % per month total 6 months X 1.5% = 9% on tds amount i.e (including Feb 16 to July 16 , part of the month is included , the grass period is not applicable )  

Howevet , the TDS percentage is 1 % not 10% as you mentioned in the mail ,in addition to this you need to pauy with 9 % as above, you can issue tds Certificate to your seller , he can able to claim ( either adjust against tax / refund ) in his return the same TDS amount.

Now we come to section 200A , Penalty under section 234E @ Rs 200 per day should have been included in your notice issued U/s.200A.This is levied for delayed filing of TDS return in form Form 26QB. ( you have completed all the compilance with in year the penaulty U/s.271H is not applicable)

No excuss for the waiving off penaulty under section 234E under any case , However , you may approach the assessing officer through your CA to resolve the issues if penaulty is levied under any other section.

Hope the above clarification will be useful to you.

 

 

 

 

 

 

 

Thanks a lot for your inputs sir!

Sir, can you please let me know how can I pay this late filing levy and interest amount online?

email that I got from TDS TRACES doesn't seems to be having any link. So please let me know how do I pay this amount?

Experts,

Can I pls get the response on where should I pay thus late fee levy?

Hi Experts,

                Recently i have paid 1% TDS and able to register in Traces as a taxpayer after 3 days of payment. And i have requested for Form 16B for one of Acknoledgement. Within couple of hour's, i have received below Email.

Mr/Ms/M/s XXXXXX XXXX, 

Defaults have been identified in the Regular statement filed by you for Acknowledgement Number XXXXXX and processed by ITD u/s 200A. Refer attached intimation for further details. Detailed computation of defaults is available in Justification Report which can be downloaded through TRACES. Please login to TRACES www.tdscpc.gov.in to request for Justification Report for the statement. 

This intimation is password protected. To open the PDF, enter the first four characters of your PAN in capital letters, followed by an underscore (_) and date of payment / credit in the format DDMMYYYY. For e.g., if your PAN is ABCDE1234E and date of payment / Credit as regular statement is 30-Sep-2012, enter password as 'ABCD_30092012'. 

Note: You may check the date of payment / Credit from Form 26AS and Form16B which can be downloaded from TRACES website www.tdscpc.gov.in 

For example- The Date of Payment/ Credit as mentioned in above password example is the Transaction Date available in Part F of Form 26AS 

The notice has,

Interest on Late payment: 3150

Late Levy fee: 6007

Rounding-Off amount: 3.00

Total Net Payabale: 9160

When i am trying to make a payment via Demand Payment link, it has fields Principal Tax, Interest and Fee. Where should i enter Rouding-Off amount in Demand Payment?

After entering these details, it is navigating to Banking Portal (ICICI), it has columns of Interest, Fee and Others. Do i need to fill Interest in Interest field, Late Fee in Fee or Others?

Since i have requested form 16B in Traces but haven't downloaded yet. Do i need to pay above Interest and Late fee first before downloading from 16B?

Do i need to do anyting after paying above demand? All the info in Form 26QB is correct. So don't think corrections are required.

Appreciate your response on this..!

 

 

 

Disheartening to see no response for a very basic question..

Hi Aruns,

              I am also in the same boat as you and got a notice from Traces about the payment of Late Levy u/s 234E and Interest. You can pay this amount at https://onlineservices.tin.egov-nsdl.com/etaxnew/tdsnontds.jsp and select Demand Payment Link. Payment Via Demand Payment link is only for Demand raised against TDS on Sale of Property.

Once Payment is done via Netbanking. Send that copy of challan to TDS-CPC email (contactus @ tdscpc.gov.in). No 26QB correction is required from our end.  Hope this helps!

If you have any further questions, You can reach CPC-TDS team @  +911204814600, select language English (press 1) and Option 4. They are pretty much responsive and answer ur questions accordingly.

Thanks for your response. I paid the fee. No acknowledgement yet.  Should I send the screenshot to that email you shared?

Dear Sir,

if we have deduct TDS on 30th Sep & paid on 8th Oct then how much month will be consider for interest and same deduct on 27th Sep then how much month will be consider.

 

KIndly confirm for both 


CCI Pro

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