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TDS Return

Tax Deducted at Source, as the name signifies, refers to deduction of tax from the source of income. The details furnished in the TDS Returns are captured in Form 26AS for the deductee, basis which they can avail the credit of the TDS, while filing their Income Tax Returns.

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Legal Provisions of TDS

Time of Deduction

TDS is generally required to be deducted at the time of payment getting due or actual payment, whichever is earlier.

Due Date of Payment

Tax deducted up to the month of February (in a Financial Year) is required to be deposited on or before 7th of the next month. However, tax deducted in the month of March can be deposited on or before 30th April of the financial year immediately following the financial year in which tax has been deducted.

Filing of Returns

After deducting and remitting the taxes to the Central Government, the deductor is required file a statement with the Income Tax Department showing the details of taxes deducted and deposited during a particular period to substantiate that the quantum of taxes deposited is in line with the taxes deducted. This statement is known as TDS Return.

Due Date of Filing Returns *

TDS Returns are required to be filed quarterly.

Forms for Filing Returns *

TDS Returns are filed in the various forms depending on the purpose of deduction. Following forms are available for TDS Return filing:

Non-deposit of TDS

The failure to remit TDS in the government’s account within stipulated time-limit would attract interest, penalty and rigorous imprisonment of up to seven years.

HOW STARTUP MOVERS CAN HELP YOU?

Our team of professionals can assist you with the following:

  • Obtaining Tax Deduction and Collection Account Number (TAN).
  • Advisory on your liability to deduct taxes on a particular transaction;
  • Calculation of quantum of taxes to be deducted in a particular transaction;
  • Assistance in Payment of taxes online;
  • Filing of TDS Returns.
  • Issuing of TDS Certificates in Form 16/16A

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Process of Filing TDS Return

Step by Step procedure to file TDS Returns is as follows:

e-TDS Return is required to be prepared (using departmental utility or third-party software) in clean text ASCII format with ‘.txt’ as filename extension.

Verify the prepared file using the File Validation Utility (FVU) provided by NSDL. In case file has any error, FVU file will give its report. Rectify the errors and verify the file again through FVU.

Generated .fvu file can be submitted at TIN-Facilitation Centre or uploaded at www.incometaxindiaefiling.gov.in website using TAN based login feature of the e-filing portal.

Request for downloading TDS certificates is required to be submitted on traces portal. Deductor is liable to download and issue TDS certificates in Form 16/16A to the deductee. These certificates serve as a proof that the deductor has deducted and deposited the taxes with the government and TDS credit can be accordingly claimed by the deductee.

Documents required to file TDS Returns

PAN Details

PAN of the deductor.

PAN

PAN of the deductee

Taxes Paid

Amount of taxes paid to the government.

TDS Challans

TDS Challans (They reflect the basic details pertaining to taxes paid).

DSC

DSC (Digital Signature Certificate) of the Authorized Signatory.

Who should get this registered?

TDS Returns are required to be filed by every person who is deducting taxes. Every person includes Companies, Limited Liability Partnerships, Partnership Firms, Individuals etc. who have a valid Tax Collection and Deduction Account Number (TAN).

Why should you get this registered?

The delayed or Non-filing of TDS returns have following consequences:

  • Delayed filing of TDS return attracts late filing fee @INR 200 per day subject to maximum amount of TDS is required to be paid.
  • A.O. may levy penalty to the tune of INR 10,000 which may extend to INR 100,000 if a person fails to file or incorrectly files the TDS Statement.
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Frequently asked questions

Everything you need to know about the product and billing.

TAN stands for Tax Deduction Account Number which is required to be obtained by all persons who are responsible for deducting or collecting tax. It is mandatorily required to be quoted on all the TDS Returns. Anyone can apply for TAN by filling up Form 49B online and paying the necessary fees.

Form 13 can be filed online to request the tax officers to allow lower or non-deduction of TDS as per Section 197 of the Income Tax Act, 1961. It can be submitted by any person who wants lower TDS deduction from his income.
However, Form 15G/15H can be submitted declaring that income earned during the financial year is below the basic exemption limit. It can be submitted only by individuals and has to be submitted every year as non-submission may lead to deduction of taxes.

Status of TDS Returns can be checked on www.tin-nsdl.com. At the home page, go to Services>e-TDS/e-TCS>Status of TDS/TCS Statements. The details which are required to be entered are TAN of deductor and Provisional Receipt Number (PRN) of the statement whose status is being checked.

TDS Certificates are issued by the deductors to the deductee as a proof to the fact that the TDS has been deposited and returns have been filed so as to let the deductee claim the necessary amount of TDS Credit. Two types of TDS Certificates include:

  • Form 16 which is issued by the employer to the employee incorporating details of the taxes deducted by the employer on payments of salary throughout the year.
  • Form 16A which is issued on payments other than salary.

A TDS Return which has been filed with some errors can be revised by filing the Correction Statements on www.tdscpc.gov.in. Correction can be done offline as well as online and can be done multiple times.

TDS Returns are compulsorily required to be filed by the deductors as non-filing or late filing will attract fees, penalties and interests and may also qualify the deductor as an ‘Assessee in default’. Non-Compliance of TDS Provisions can result in fees, interest and penalties for the deductors. Following are the penal consequences of TDS returns:

  • Non-Deduction of TDS: As per Section 40(a)(i)/(ia) of the Income Tax Act, 1961, non-deduction of TDS on payments made to non-residents and residents can result in disallowance of expenditure to the tune of 100% and 30% respectively, by the Assessing Officer.
  • Late Deduction of TDS: Taxes are required to be deducted at the time of payment/credit getting due or payment whichever is earlier. In case of late deduction of taxes, interest @1% per month of the TDS subject to maximum amount of TDS levied.
  • Late Payment of TDS: Taxes are required to be deposited to the credit of Central Government on 7th day of the month succeeding the month in which taxes have been deducted except for the month of March which are required to be deposited until 30th April. If these deadlines are not met, interest @1.5% per month of the amount of TDS is required to be paid subject to maximum amount of TDS levied.
  • Late filing of TDS Return: TDS Returns are required to be filed quarterly. If they are not filed until the due date of filing, fees under Section 234E of the Income Tax Act, 1961 @INR 200 per day subject to maximum amount of TDS is required to be paid until the return is filed.
  • Penalty for Late Filing of TDS Return: If a person fails to file or incorrectly files the TDS Statement within the due dates prescribed, Assessing Officer may direct him to pay penalty to the tune of INR 10,000 which may extend to INR 100,000.
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