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Tds deducted, tan obtained, return not filed

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CA Mayank Poddar

29 Points Posted on 05 April 2014

Dear All,

An assessee deducted TDS in the month of December, 2013 and applied for TAN in the month of December, 2013.

TAN was allotted in the month of January,2014.

Please advise if the return for the quater ending december needs to be filed, if Yes will it attract penal provisions u/s 234E.

If NO, can it be filed in the return for qutaer ending march.

Thankl You

Replies (2)

Income Tax Wala: (Fin. Expert)

Chartered Accountants

1412 Points Posted on 05 April 2014

Dear Mayank

if now you will file TDS return for qtr ending on 31st dec 2013 than definately you will be fined u/s 234 E @ INR 200 per day from 15th jan 2014 onwards.

so better that you show all transaction of december in the month of January and file the return accordingly.

abhishek

CA FINAL

166 Points Posted on 05 April 2014

since you have got the TAN in January , you should deposit the TDS along with interest to the Central Government and file return for quarter ended March.Sec 234E will not be applicable since you have not paid the TDS to Central Government within the prescribed time limit and with out paying the TDS you cannot file return and this Sec 234E will not come into picture.