Shivish Verma (C A) (376 Points)
23 May 2017Sir
As we know, last date of downloading form 16A is 15 days from the due date. but last date of downloading Form 16 is 30th may while last date of filing return is also 30th May.
so If i file 24 Q on 30 th may , how is it possible to download form 16 on same date.
If i dont do this, it will attract penalty.
Please clarify the position of law.
Thanks
| FORM NO. | PERIODICITY | DUE DATE |
| Form 16–TDS on salary | Annual | By 31st day of may of the financial year immediately following the financial year in which the income was paid and tax deducted |
| Form 16A-TDS on non salary | quarterly | Within 15 days from the due date for furnishing the statement /return of tax deducted at source |
so down load it as early as possible
Shivish Verma
(C A)
(376 Points)
Replied 23 May 2017
Thanks
But my question is not about the due date of downloading Form 16. My question is whether is it practically possible to sown laod from 16 if i will return on last date. i have liberty of filing 24 q till the last date i.e. 30th amy or 31st may whatever. but can someone down laod from 16 on the same day.
Is there any clarification from CBDT.
Thanks
CA Rashmi Gandhi
(Chartered Accountant)
(86323 Points)
Replied 23 May 2017
PRABIR PAUL
(*****Accountant***** Never insult to any person for any kind of lack of knowledge or misread.)
(1443 Points)
Replied 24 May 2017
Mr. Verma please try to understand carefully what I want to tell you:-
Yes you are right that form 16 can't be downloadable in the same date of 24q filed.
So the question is arising that how to avoid penalty legally???
1) Now, The best solution is file a 24q return with that challan what has been already paid and
2) After that submit a request to downlaod form 16 within 31st May 2017.
3) File a revised 24q tds return after 31st May (When it's possible).
4) Again submit a download request of form 16.
The penaltly will be not attract in 2nd time in case you have already downloaded form 16 in 1st time i.e. 31st May 2017.
This is very illogical thing did by the department that tds return due date is 31st May but form 16 due date is the same date..
Shivish Verma
(C A)
(376 Points)
Replied 26 May 2017
Thanks for reply. i agree with you and we are doing the same thing for last few years. and i think whole indusrty are doing same thing.
But dont you think the downloading date should not be the last date of return filiing date.
Thanks
CAclubindia
