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Is TDS return to be filed even for NIL dedution

Sandeep (Self Employed) (125 Points)

09 January 2010

I would like to know if TDS return has to filed in a quarter when the payment and deduction is NIL?

If yes, then the return (e-TDS) will just be a NIL return with no challan number, right?

Kindly clarify with relevant reference.

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5 Replies

S Anand (employed) (33 Points)
Replied 09 January 2010

Hai Sandeep,

You have to file it on NIL return.

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CA.Tarun Maheshwari (CA, DISA) (7150 Points)
Replied 09 January 2010

Its not compulsory to file NIL return, but it is suggested that if you have TAN number, then you should file a NIL return.

bhavik mehta (C.A.) (526 Points)
Replied 09 January 2010

Dear Sandeep,

As I have got the solution from caclubindia only from one frnd Amir,

TDS Return is mandatory to file even if there are no transanctions..

This is something which should be done as measure of good compliance.

Further, attimes it is mandated by practical life like annual return can only be filed when assessee has filed the return of all 4 quarters(even if there are no transanctions)

CA.Tarun Maheshwari (CA, DISA) (7150 Points)
Replied 09 January 2010

Let me clarify the situation for all. TDS return is not mendatory at all for NIL TDS. It was made mendatory to be filed in the new TDS rules, which are still pending to be applicable. So at present its not mendatory. But it is advisable to file it. And one more thing, now there is no such concept of filing of annual return of TDS. It was old rule, which has been abolished. But it is also proposed to be made applicable again in new TDS rules. But new TDS rules are still pending. So, right now no such mendates or annual return concepts.

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CA RITESH JUNEJA (CA, DISA,B COM) (151 Points)
Replied 10 January 2010

Mr Maheshwari you are very right in your sayings.But keeping in view the practical experiences,the assessees feel restless when they receive a letter from NSDL regarding not filing the TDS returns at times.So I think the word used by you `advisable` can very well be replaced by `practical need for filing NIL tds return`.