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Penalty for non submission of tds return of f/y 2011-12

raja (accountant) (48 Points)

03 July 2012

If i can't submitted tds return for Q1 F/Y 2011-12, the penalty is imposed in this case for non submission of tds return. A new law introduced from 01 July 2012(Section 271H). This law effect of above mentioned case or not. Or treat it previous law.

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2 Replies

Parihar Gopal (Corporate Taxation ) (392 Points)
Replied 03 July 2012

Please go throungh for better understaning

No filing or Late filing of TDS returns or TDS statement shall invite 2 penal consequence as the finance bill 2012-13 has given 2 New provisions – Fee for late filing U/s 234E and Penalty for late filing or Non filing of TDS statement U/s 271H.

Fee U/s 234E for late filing of TDS Statement:

If you filed late income tax return, there is consequential penalty in form of interest u/s 234A if there was tax due as per return. Similarly in the same chapter new section 234E has been proposed to be effective from 1^stof July 2012, with heading “Levy of Fee in certain case” deductor will be liable to pay by way of fee of Rs 200 per day till the failure to file TDS statement continues, However, the total fee cannot exceed the amount of TDS deductible for which statement was required to be filed.

Penalty for late filing or non- filing TDS statement

Similarly a new penalty provision has been inserted as section 271H which provides that a deductor shall pay penalty of minimum Rs 10,000 to Rs 1 lakh for not filing the TDS statement within one year from the specified date within which he was supposed to file the statement. This amendment is also effective from 1st July 2012.

Thus, if the present due time for filing TDS statement is taken, the time up to which the penalty u/s 271H cannot be imposed are explained for any tax deduction for FY 2012-13

Sl. No	TDS Statement	Due date	Date up to which no penalty u/s 271H can be imposed
1	30th June	15th July 2012	15th July 2013
2	30th September	15th October 2012	15th October 2013
3	31st December	15th January 2013	15th January 2014
4	31st March	15th May 2013.	15th May 2014