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Tds return

mohit pathak (Learner) (396 Points)

05 December 2015

Hello everyone

If my organization didn't deduct TDS on salary in Fy 2014-15 but the employee files his return does it still require to file TDS return for thet year?

As per new provisions we are required to pay interest that we will pay but do we still require to file TDS return for that year?

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9 Replies

jaya krishna (Chartered Accountant) (262 Points)
Replied 05 December 2015

If you are not deducting Tds whatever the amount paid to employees it can be ineligible expenses.. In previous year return you are required to its a ineligible expense...

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mohit pathak (Learner) (396 Points)
Replied 05 December 2015

First of all thanks for your reply. I think you people couldn't understand the simple question. Let me explain I paid salaries in which I required to deduct and deposit the tax, however,I didn't deduct anything. My employee has filed his return of his income and paid the tax thereon. Now as per the provisions I am relieved from deduction and payment of TDS on said salary, however, I am still liable for interest. My question is whether I am still liable to file TDS return for previous year?

mohit pathak (Learner) (396 Points)
Replied 06 December 2015

Mr e.filer B.Com/ Hyderabad, a sincere advise to you,,,,,,PLEASE NEVER SHARE YOUR CA CLUB PROFILE WITH YOUR CLIENTS...... I WENT THROUGH YOUR PROFILE AND CHECKED YOUR ANSWERS ON VARIOUS TOPICS..........
	"I think you people couldn't understand the simple question."............

CA Vap Patel (Practice) (1205 Points)
Replied 06 December 2015

Hi Mohit,

You have to take form 26A from your employees and it has to be certified by CA, then submit it to your local AO where your TAN has jurisdiction.

The provision of Form 26A are given as below.

In Budget 2012 CBDT has introduced a provision w.e.f. 01.07.2012 by which a person who has defaulted in payment of TDS / TCS will not be deemed to be a person in default if he furnishes a certificate from CA to the effect that the person in respect of whom default is committed

(i) has furnished his return of income under section 139;

(ii) has taken into account such sum for computing income in such return of income; and

(iii) has paid the tax due on the income declared by him in such return of income,

and the person furnishes a certificate to this effect from an accountant in such form as may be prescribed:]

The above was done by inserting proviso to sub-section (1) of section 201 & to sub-section (6A) of section 206C. The CBDT has now issued the format of such certificates (Form 26 A for default in Payment of TDS & Form No. 27BA for default in Payment of TCS) and issued a notification related to same which is as follows :-

CA Vap Patel (Practice) (1205 Points)
Replied 06 December 2015

One more thing file the same form 26A with your Jurisdiction AO with whom your PAN is registered.

Regards

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saiteja pusarla (CA) (22 Points)
Replied 07 December 2015

You have to file nil return

saiteja pusarla (CA) (22 Points)
Replied 07 December 2015

You have to file nil return

CA YOGESH HARJAI (Tax Advisor) (127 Points)
Replied 07 December 2015

NO NEED TO FILE TDS RETURN IN CASE THERE IS NO DEDUCTION

Minesh Rawat (Article) (199 Points)
Replied 07 December 2015

Mohit Pathak no need to file Quarterly TDS return...it is required to file only when I hv deducted tax and deposit to Govt. Since In this case your employee himself paid tax while filing income tax return so there is no question of filing TDS return.....