EASYOFFICE

Tds rectification notice us 200a

Page no : 2

Vinay somani (CA, CS) (Assistant Manager-Accounts)   (549 Points)
Replied 05 May 2016

what they mentioned in notice under sec 200A. I mean what they demand in notice.


Vinay somani (CA, CS) (Assistant Manager-Accounts)   (549 Points)
Replied 05 May 2016

one thing i have to ask that you make payment for 7 lakhs..???

it should be 70000/-..


Jayashree (Software Engineer) (82 Points)
Replied 05 May 2016

Yes. it is INR 70,000/-  not INR 7L.   I did it in two parts.  50% from my TAN & 50% from spouse.  We both got intimation notice with exact same amount of demand.   

I have attached screengrab of the demand notice here

 

 

 


Attached File : 1241613 20160505180019 tds2.jpg downloaded: 169 times

Jayashree (Software Engineer) (82 Points)
Replied 05 May 2016

All credit to builder's account were in stages and from home loan bank direct credited to builder's a/c.   I have receipts from builder which has information about when the payment got credited to his a/c.

 

Now for TDS, which date IT deptt is considering for calculating late payment?     


Vinay somani (CA, CS) (Assistant Manager-Accounts)   (549 Points)
Replied 05 May 2016

What is book entry date of said purchase and date of tds payment..???

because dept. demad interest on late payment and late fee.

you have to deposit tds within 7 days from the month in which you deduct it.



Vinay somani (CA, CS) (Assistant Manager-Accounts)   (549 Points)
Replied 05 May 2016

if you enter assets in your books in march you have to pay tds on or before 7th april.

now when you done all this that is imp.


Jayashree (Software Engineer) (82 Points)
Replied 05 May 2016

 

Here are asset aquisition details

 

Date of Agreement/Booking 27/03/2014 Whether more than one Transferee/Buyer Yes
Date of Payment/Credit 28/03/2014 Whether more than one Transferor/Seller No
Date of Tax Deduction 28/03/2014 Payment Type Installments

 

I did TDS deposits on 26th June 2014.

 

 

 


Jayashree (Software Engineer) (82 Points)
Replied 05 May 2016

My question is, since payment type is "Installments"  and property is not acquired yet.  It is under construction.   Why IT deptt. is expecting TDS on full agreement value?

 

 


U S Sharma (glidor@gmail.com) (21056 Points)
Replied 05 May 2016

from the whole summy of data it appears that 

agreement is made on 20, march 2014

TDS was payable on or before 30 April 2014, but paid on 26, june 2014

TDS return was had to be filed on or before 15th May 2015 but may have been filed on between 1 to 5 august 2014 ( by reverse calculation of the lavy it can be establlished) 

 


U S Sharma (glidor@gmail.com) (21056 Points)
Replied 05 May 2016

TDS is to be deducted on either payment or booking book entry, which ever comes earlier , so after the agreement, the price and ownership is fixed, only the payment is gone in installments, hence TDS provisions are right  



Jayashree (Software Engineer) (82 Points)
Replied 05 May 2016

ok. let us go by IT deptt. How can we justify late filing fee of RS 16000/- u/s 234e? Again isn't it penalised twice for one prop transaction by sending notice to me and spouse?

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 05 May 2016

be confirmed that 80 days delay is done or not ? it does not matters to department that how much deductors are involved, rules are same  for all. 

late filing levy may go upto 100% of the  TDS, thats already mentioned in the rules 

 


Jayashree (Software Engineer) (82 Points)
Replied 05 May 2016

Originally posted by : U S Sharma
TDS is to be deducted on either payment or booking book entry, which ever comes earlier , so after the agreement, the price and ownership is fixed, only the payment is gone in installments, hence TDS provisions are right  

So TDS is against agreement value and not against actual credits or actual payments? This is strange!

Jayashree (Software Engineer) (82 Points)
Replied 12 May 2016

Originally posted by : Vinay somani (CA, CS)

What is book entry date of said purchase and date of tds payment..???

because dept. demad interest on late payment and late fee.

you have to deposit tds within 7 days from the month in which you deduct it.

 

Two if my friends with similar dates of property registration and TDS payment likeme.  In fact these two guyps paid TDS after 14 months of the registration date.

 

These two have recived  acknowledge email from "IT deptt. saying TDS with no defaults"

 

Why did I got a demand notice?  I paid TDS well before these people?     Only difference I found is that they paid TDS as single person while in my case I paid TDS in parts 2   0.05% from myself and 0.05% from my spouse.  Is that might be the issue?  If yes how to rectify it?

 

 



U S Sharma (glidor@gmail.com) (21056 Points)
Replied 12 May 2016

registration of property is a separate  issue, 

1) under  self finance , no formal registration of agreement is done, but the deed of conveyence is registered direct, though the builder get the amount , it is treated as "advance"  under this situation, the TDS provisions comes on the date of execution of deed of conveyence. 

2) under the bank finance, the deed of agreement is made registered , and if the gross value of the agreement deed is over 50L then TDS provisions get imposed on the date of agreement registration. 



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