Dear All,
TDS deducted and paid to government for the FY 2011-2012 within due date. TDS return not filed as on today. Whether 234E and 271H will apply if we file now. Sec 234E and 271H are effective only from 01/06/2012 onwards.
D K BAYYAREDDY (CHARTERED ACCOUNTANT) (52 Points)
10 April 2014Dear All,
TDS deducted and paid to government for the FY 2011-2012 within due date. TDS return not filed as on today. Whether 234E and 271H will apply if we file now. Sec 234E and 271H are effective only from 01/06/2012 onwards.
Income Tax Wala: (Fin. Expert)
(Chartered Accountants)
(2015 Points)
Replied 10 April 2014
Dear D K BAYYAREDDY
Section 234 E is applicable as on today hence there will be fee which can not exceed the tax deducted. You need to pay this fee before filing of TDS return for said qtr or qtrs.
and 271 H is also applicable as there has become gapped of more than one year from the due date of filing return, in this case AO has power to impose a penalty ranging INR 10000-100000 but you can apply u/s 273 A (4) with the to commissioner to waive this penalty.