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Tds if not deposit in due date due to national holiday

Sanjeev Sethi (Finance & Accounts) (40 Points)

25 January 2013

As we know that the due date for TDS deposit is 7th of following months, if in 7th there is a national holiday or sunday then what will be the due date for deposit of E-TDS without any penalty.

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12 Replies

Harish (CA Student) (568 Points)
Replied 25 January 2013

Next Business day. But you can do the payment through E-Payment option.

Sanjeev Sethi (Finance & Accounts) (40 Points)
Replied 25 January 2013

Hi thanks for your feedback. but as i see in clause 10 of Genral Clause a/c 1897 here is writing that you can deposit manual TDS in next working days but for E-TDS here is not such type of consession is writing. pls suggest..

Ritesh Surana (Article Assistant) (49 Points)
Replied 25 January 2013

According to section 10 of General Clauses Act of 1897 and Income Tax circular no. 639 dated 13.11.1992, If on the last day of prescribed period office is closed, immediately next day when the office is open will be taken as valid.

Hence the payment can be made on next working day.

In my opinion , Though it has not been written in sec 10 of General Clause about the E-Payment, however TDS can be paid through E-Payment on such day declared as holiday.

Correct me if I am wrong.

Thanking You.

Sanjeev Sethi (Finance & Accounts) (40 Points)
Replied 28 January 2013

Hi thanks, yes you are right here is writing only about the manual payment on next day, but as we know that if there is national holiday then our office premises also closed and we cann't deposit the same in the same day. we have to deposit the same in previous day or next day of actual due date of deposit. pls suggest...

shobhana (Tax Asst.) (23 Points)
Replied 28 January 2013

IS IT MANDATORY TO PAY SERVICE TAX & TDS ONLINE IF NOT... THAN WHAT IS THE CONDITION TO PAY ONLINE OR OFFLINE.

Ritesh Surana (Article Assistant) (49 Points)
Replied 28 January 2013

Dear Sanjeev,

If due date happens to fall on a holiday then by virtue of law the due date automatically shifts on next working day.

So the actual due date of deposit is the next day. Even if this day is a holiday then the next day will be the actual due date of deposit. Thats why I had said the next "working" day.

Previous day will not be the actual due date of deposit, well if you deposit it on previous day then its well and good.

Thank You.

1 Like

S .Ghosh (audit assistant) (258 Points)
Replied 06 July 2016

Dear Members

whether TDS payment due date would be extended as Banks will remain closed on both 6th and 7 th of July 2016. Also 7th july has been declared as Natinaol Holiday .

thank you

Madhu Krishna Vallabhajosyula (Assistant Manager (R2R) Genpact) (23 Points)
Replied 07 July 2016

Dear All,

I understand from the above discussion that TDS payment on 8th July, 2016 will not attract Interest on delay.

But is there any Income Tax Rule / Notification / Circular wherein it is mentioned that the next working day will be considered as the due date in case the original due date falls on a national holiday?

Rule 30 of the Income Tax Rules. 1962 mentions due dates, but does not talk about what happens if the due date falls on a national holiday.

1 Like

S .Ghosh (audit assistant) (258 Points)
Replied 07 July 2016

Thank you As per rules if the last day is Sunday or public holiday then payment can be made on next day .on that gorund we can make the payment on 8th that is tomorrow.However no supporting notification came from I.Tax dept. TDS cell was saying its routine process so notification is not required. However interest factor making me tensed.

chandan kumar (student) (23 Points)
Replied 25 September 2018

Dear member,

as per rule TDS certificate to be dispatch within 15days from the date of filling \ last date of filling , what will be the last date in case of 15th augest , as 15th augest is public holidays. urgent required information

Regards

chandan kumar 8130797115

Manoj Barik (Senior Executive(Accounts & Taxation)) (71 Points)
Replied 12 October 2019

CBDT has clarified in its Circular No 676 of January 14, 1994, that if the last date for payment is a holiday, Section 10 of the General Clauses Act, 1897 will be applicable (if court,office,bank closed) and, accordingly, the assessee can make the payment on the next immediately following working day and, in such cases, the mandatory interest leviable under Sections 234B and 234C would not be charged.