Is tds panelty applicable ?

This query is : Resolved

Baljeet Singh (Querist)
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08 July 2013 I have deposited the tds for the month of Sep-2012 on 04-10-2012 via Cheque at RBI.
I have got the letter from IT dept. for the payment of interest as the date of deposit of tds on OLTAS is 8.10.2012. Kindly let me know whether date of tender of TDS-cheque is relevant or date of clearance is relevant for the IT Dept to impose the panelty.

Note:-- I have all original challan which shows that the date of tender is 04.10.2012

A.Senthil Subramanian

A.Senthil Subramanian (Expert)
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08 July 2013 Baljeet Sir, The Bank, where you deposited the cheque delayed the challan for its realisation from the Account, to that bank and they made the challlan on 08/10/2012. But they sealed to you the challan as on 04/10/2012 which was your actual cheque deposit date. Here cheque payment not went to the government account on 04/10/2012 and gone only on 08/10/2012.So IT Dept sent you notice for delay in challan remittance. Its correct one. In these situations you have to deposit cheque by 1st or 2nd date of the month, so that the cheque will be realised before 7th date and will be a perfect remittance date.