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TDS Return

Vijay Kumar (article) (402 Points)

10 May 2011

One of my client hasnt deducted any TDS in this 4th Quarter as there wasnt any such payment, is he still require to file TDS Return

PLs answer and thanks in advance

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19 Replies

Amol Gopal Kabra (CA,CS,DISA) (Practicing CA) (8539 Points)
Replied 10 May 2011

Return has to be filed only if there is any tax deduction in the particular quarter. In your case, as there is no tax deduction, no return is to be filed.

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(Guest)

IN CASE ANY 15G OR 15H FORM IS FILLED THEN ALSO IS REQUIRED TO FILE THE RETURN , OTHERVISE NOT REQUIRED

1 Like

yashsaxena (Managing Director) (71 Points)
Replied 10 May 2011

According to Amol Gopal Kabra (CA,CS,DISA)

He is right as "Return has to be filed only if there is any tax deduction in the particular quarter."

1 Like

Amol Gopal Kabra (CA,CS,DISA) (Practicing CA) (8539 Points)
Replied 10 May 2011

Originally posted by : RADHEKRISHNA0001
	IN CASE ANY 15G OR 15H FORM IS FILLED THEN ALSO IS REQUIRED TO FILE THE RETURN , OTHERVISE NOT REQUIRED

Even in case of 15G or 15H, return is not required to be file. Because, if there is no deduction, there will be no challan payment and also no credit available for the payee. So no return is to be filed.

1 Like

valji (Accounts manager-MBA) (2150 Points)
Replied 10 May 2011

I AM AGREE WITH MR AMOL

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vijay (Accountant) (902 Points)
Replied 10 May 2011

Originally posted by : valji
	I AM AGREE WITH MR AMOL

Mihir (Wealth Manager) (5293 Points)
Replied 10 May 2011

I beg to differ. I had not filed TDS returns for a company because there were no deductions. Later, there was a letter from NSDL saying TDS returns have not been filed, and if there is any more delay, the company will be penalized.

In my opinion, NIL TDS returns also needs to be filed.

Amol Gopal Kabra (CA,CS,DISA) (Practicing CA) (8539 Points)
Replied 10 May 2011

It may be by mistake you have received the notice. But there is no requirement to file return if there is no tax deduction in a particular quarter. There is no concept like 'nil' return.

1 Like

Harpreet (* * * * * *) (1670 Points)
Replied 10 May 2011

Mihir,

You (your company) needs to draft a letter to AO (Assessing Officer) and disclose them about that there is no deduction made in this qtr (4th). hence we have not filled the return.

Regards,

Harpreet

KIYOSH (TAX CONSULTANT) (332 Points)
Replied 10 May 2011

Filing of NIL TDS return is compulsory.

Regards,

KIYOSH

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Aparna Raja K.C (Student) (520 Points)
Replied 10 May 2011

Its better to sent an intimation to Assessing Officer on a safer note..

(Guest)

As per the provisions penalty attracted towards non filing of TDS return is Rs.100/- per day but it should not exceed the amount of Tax Deducted.

Hence, not mandatory to file Nil Return.

CMA. Subhash Kumar Jha (General Manager - Finance) (8396 Points)
Replied 11 May 2011

please refer to NSDL FAQ :

If there is no deduction in a particular quarter, should I file the NIL statement?

The filing of a NIL statement is not mandatory.

In case of NIL statement in the fourth quarter, do I need to show salary details of deductees mentioned in first three quarters?

If there is no deduction in the fourth quarter but statements for all or any of the first three quarters were filed, statement for the fourth quarter giving only salary details (Annexure II) should be filed.

1 Like

vraca96 (Chartered Accountants) (50 Points)
Replied 11 May 2011

Originally posted by : Amol Gopal Kabra (CA,CS,DISA)
	Return has to be filed only if there is any tax deduction in the particular quarter. In your case, as there is no tax deduction, no return is to be filed.

I agree, but by filling Nill TDS return you can avoid penaulty and there is a method of filling alredy exist. so why not to file nill return generally.