Time limit for commencement of recovery for tds

Ex. Mr.X has been served a notice u/s. 201 for interest on late payment of TDS for FY 2005-06 on 24.1.2012. So thats almost six years after the end of the FY!! But still the interest was paid within the time limit as per the notice. The notice also directed Mr.X to file a correction return for the relevant quarter.

But the correction statement wasn't filed. Thereafter another notice was served to him u/s. 221 for being in default of  non-filing of the correction return.

 

My questions: (i) What is the time period within which a recovery of interest of the said interest can be made i.e. is it correct if the ITO demands for interest after almost 6 yrs of end of the financial year??

                          (ii) Can a notice u/s. 221 be served for non filing of the correction return because as far as I remember the said section imposes penalty only in case of default in payment of taxes, etc.

Thanks.

Replies (1)

Mr.Rajat

Section 221 is placed in Chapter XVII-(Collection and Recovery of Tax)- of Income Tax Act, 1961. Section 221 speaks of Penalty payable when tax in default.

As you said the notice u/s 221 can be issued only for the defaults in payment of taxes not for the default for filing returns etc.,  The default for payment of tax may result for non-filing of returns etc.,

As long as the tax payment is in default the notice can be served on the assessee.  No time limit is specified either in the section itself or at any other place in Chapter XVII.

If the tax in default is wholly reduced the penalty levied and paid will be refunded to the assessee. Please see sub-section (2) of section 221.

Best Wishes

Sathikonda

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
14 October 2026
Asst. Manager/Dy Manager (Costing)

manufacturing

Pune

CMA

View Details
Company
ARTICLESHIP 30 September 2026
CA Article Assistant

CA Suraj Garg & Associates

New Delhi

CA Final

View Details
Company
26 September 2026
Chartered Accountant

pushpganga ventures

Pune

CA

View Details
Company
06 October 2026
Assistant Manager - Audit and Compliance

Ravi K Jain & Co

Noida

Others

View Details
Company
08 October 2026
Account Executive

Elite Taxation

New Delhi

CA Foundation

View Details
Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details
Company
08 October 2026
SALES TELECALLER

HIRE NOVA

Lucknow

Graduate (Any)

View Details
Company
Featured 03 October 2026
Accountant

A P Lodha and Associates

Jalna

B.Com

View Details