Tds nil return

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Querist : Anonymous

Querist : Anonymous (Querist)

19 October 2013 Dear All,

Please let me help to know filling of TDS nil return mandatory or Not.

Regards
Rahul

CA Pallav Singhania

CA Pallav Singhania (Expert)
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19 October 2013 TDS NIL return isn't mandatory...

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Ganeshbabu K

Ganeshbabu K (Expert)
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19 October 2013 Dear author
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nil tds return not mandatory
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Reasons,

1)FAQ of NSDL website says nil tds return not mandatory
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2)as per new FVU utility it is not possible to file return with nil challan and nill deductees so we can also support from here that nil tds return not possible

3)Nil TDS return NOT MANDATORY
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Kindly refer Subrule 1 to rule 31A
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words used was (person responsible to deduct tax)
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4)subsection 200(3) also supports us in the same manner
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Also refer below article
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http://www.simpletaxindia.net/2013/10/whether-nil-return-of-tds-is-mandatory.html

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Ganeshbabu K

Ganeshbabu K (Expert)
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19 October 2013 However if department claims us why returns not filed we can reply to department with the aforesaid reasons and the same will be acceptable
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however there are some cases where it is made mandatory to file tds return if you have payments to transporters in the respective quarter if you want to go strictly as per law
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kindly find below link containing my article which gives you detailed guidence on that,,kindly refer to comments to article which also will help you
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https://www.caclubindia.com/articles/inclusion-of-transporters-details-in-tds-returns-are-mandatory-17543.asp#.UmDiRvmnqWY
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..
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simular reply to another query may help you pls refer
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https://www.caclubindia.com/experts/tds-1492784.asp#.Us6SCNIW1Gg