06 March 2014
It is mandatory on ur part to disclose particulars of amount paid with nil deduction bby virtue of non deduction certificate u/s197 from assessing officer . . It is mandatory to provide details in tds return . By virtue of ammended rule 31A by notification 16/2011dated 29.03.2011 w.e.f from 1.4.2011 . Same is the case with payment to transporters with nil deduction by 194C(6) also . To know more detailed refer my article in this regard . . https://www.caclubindia.com/articles/inclusion-of-transporters-details-in-tds-returns-are-mandatory-17543.asp
06 March 2014
In ur case u mandatory to file nil tds return . Hope my article given link above may explained better . . To incorporate nil rate entries due to sec 197 tag B is to be flagged in remarks coloumn of 26Q . Fyi refer below replies . . https://www.caclubindia.com/experts/filing-nil-tds-returns-1653399.asp
06 March 2014
Article written by me but it is completely based on notifications given by income tax dept..
. Please let me know on what basis u said no tds return required... . Kindly provide sec. Number ..or rule or notification which supports ur answer so that i can update my self . . I beleive i have given due supporting to my answer and it is correct
06 March 2014
non - filing of Nil TDS returns applies to cases where no payment itself was made which attracted TDS in normal provisions.
Also, please note that the whole issue that nil returns need not be filed comes from a email from tdscpc in october 2013, which stated that "TDS statement can not be filed without quoting any valid challan and deductee row."
in case where tax has not been deducted on account of 194C(6), withholding order etc, it would wrong to suggest that there is no valid deductee row.
Reference to Rule 31A gives you an example where even a nil return will be compulsory because if you dont file the return where payments were made to transporters under 194C(6), it would violate 31A and 194C(6). There are cases where payments have been disallowed under 194c(6) on account of non-reflection in the TDS return.
you may also refer to FVU validation features posted at http://blog.tdsman.com/2013/09/key-features-fvu-version-4-0/
where it is stated that with nil challans are to be backed by appropriate flags in deductee sheets.
07 March 2014
I too noticed in many companies they have not updated and not following this ammended rule 31A . And having a thumb rule in accountants mind that tds returns are filing to give credit to deductors in their 26AS . We have to try to make it implement as far as possible . Problem is when tds returns is outsourced they will not disclose these type of transactions(194C(6), 197) to consultant at all----majority may not aware of this ammended which is effective from 1.4.2011 .
07 March 2014
ok i agree as i too founded rule 31A as ammended is correct in this case so tds return needs to filed in case of nil tds certificate is acquired from AO.
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