234e late filling fees appl. in case of nil tds return

This query is : Resolved

Nitin Agrawal (Querist)
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28 July 2019 Dear experts,
Very good evening to all of you

I at present is require to file TDS return of a client for FY 018-19 for Q1 to Q4 who doesnt file TDS return till today date due to Nil TDS return. However on discussion came to know that there are certain payments made to Transporter which fall under Sec. 194C and require reporting in TDS return. However there is no TDS liability due to declaration received from transporter.

When going to file TDS return my tax software Computax is showing alarming message regarding 234E late filling fees. According to me, 234E fees cant exceed the amount of TDS and in our case since the TDS amount is Nil hence there should not be 234E fees in our case.

My query:
(1) Kindly guide whether 234E fees applicable in our case ? If yes, kindly mention reason behind it.
(2) Is there any provision that in case of Nil TDS due to declaration received from Transporter, the 234E fees can be levied upto TDS which should be deducted but not deducted due to declaration received.

Kindly share your expert opinion at the earliest to which i will be very thankful.
Thanks alot for your time

Best Regards

Shrikant Toshniwal

Shrikant Toshniwal (Expert)
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28 July 2019 DEAR FRD ,NO LATE LATE FEES U/S 234E IS LEVY SINCE NIL TDS
clear as 234e states However, the total fee cannot exceed the amount of TDS deductible for which statement was required to be filed.

Nitin Agrawal

Nitin Agrawal (Querist)
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28 July 2019 Kindly confirm some other experts also please, thanks

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