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Showing posts with label TDS Return. Show all posts
Showing posts with label TDS Return. Show all posts

Don't Miss to File Your TDS Returns Q-3 Before 31st January, 2017

File your TDS Returns (Q3) by 31st January, 2017

LAST DATE OF TDS RETURN FILING FOR QUARTER 3, FY: 2016-17 IS 31st JANUARY, 2017

With the introduction of Section 234E, there is now a provision of stringent penalties for delayed filing of TDS returns.
  • Failure to submit e-TDS Statement on time will result in fees on the deductor.
  • If you delay or forget to file your e-TDS Statement, fees of Rs. 200 per day will be levied on the deductor, as long as TDS Statement is not filed.
  • The levied amount of fee is not supposed to exceed the TDS deductibles.
  • Prior to filing of TDS Statement such fee should be paid and it should be reflected in the TDS Statement.
Fees and Penalty for Late Filing of TDS Returns are as follows:

Section 234E – Levy of Fees 
  • Failure to submit TDS return on time will result in fees on the deductor.
  • If you delay or forget to file your TDS return, fees of Rs. 200 per day will be levied on the deductor, as long as TDS return is not filed.
  • The levied amount of fee is not supposed to exceed the TDS deductibles.
  • Prior to TDS filing such fee should be paid and it should be reflected in the TDS return.
Section 271H – Penalty
  • Deductor has to pay a penalty ranging from minimum of Rs. 10,000/- to One Lac rupees,
  • If deductor exceeds one year time limit to File TDS return.
  • If deductor furnishes incorrect details like PAN, TDS Amount, Payment of Challan etc.

Source: TDS Man

31st October, 2016 is Last Date for TDS Return Filing Quarter-2 for Fin. Year 2016-17

Today is Last Date of Quarter-2 TDS Return Filing for F.Y. 2016-17

TDS Deductor, we want to look in to the matter that u/s. 234E, there is now a provision of stringent penalties for delayed filing of TDS returns. Therefore, TDS Deductor must file Today the TDS Return of Quarter-2, otherwise they fals to face the following consequences :

Fees and Penalty for Late Filing of TDS Returns are as follows:

Section 234E – Levy of Fees 
  • Failure to submit TDS return on time will result in fees on the deductor.
  • If you delay or forget to file your TDS return, fees of Rs. 200 per day will be levied on the deductor, as long as TDS return is not filed.
  • The levied amount of fee is not supposed to exceed the TDS deductibles.
  • Prior to TDS filing such fee should be paid and it should be reflected in the TDS return.

Section 271H – Penalty
  • Deductor has to pay a penalty ranging from minimum of Rs. 10,000/- to One Lac rupees,
  • If deductor exceeds one year time limit to File TDS return.
  • If deductor furnishes incorrect details like PAN, TDS Amount, Payment of Challan etc.

Procedure for Online filing of TDS and TCS Return - Notified

Government of India
Ministry of Finance
Central Board of Direct Taxes
Directorate of Income Tax (Systems)

Notification No. 6/2016

New Delhi, 4th May, 2016

Procedure for online submission of statement of deduction of tax under sub-section (3) of section 200 and statement of collection of tax under provison to sub-section (3) of section 206C of the Income-tax Act, 1961 read with rule 31A(5) and rule 31AA(5) of the Income-tax Rules, 1962 respectively.

The provisions relating to the statement of deduction of tax under sub-section (3) of section 200 and the statement of collection of tax under provison to sub-section (3) of section 206C of the Income-tax Act, 1961 (the Act) are prescribed under Rule 31A and Rule 31AA of the Income-tax Rules, 1962 (the Rules) respectively. As per sub-rule (5) of rule 31A and sub-rule (5) of rule 31AA of the Rules, the Director General of Income-tax (Systems) shall specify the procedures, formats and standards for the purposes of furnishing and verification of the statements and shall be responsible for the day to day administration in relation to furnishing and verification of the statements in the manner so specified.

2. In exercise of power conferred by sub-rule (5) of rule 31A and sub-rule (5) of rule 31AA of the Rules, the Principal Director General of Income-tax (Systems) hereby lays down the following procedures of registration in the e-filing portal, the manner of the preparation of the statements and submission of the statements as follows:

3. The deductors/collectors will have the option of online filing of e-TDS/TCS returns through e-filing portal or submission at TIN Facilitation Centres. Procedure for filing e-TDS/TCS statement online through e-filing portal is as under:

a. Registration: The deductor /collector should hold valid TAN and is required to be registered in the e-filing website (https://incometaxindiaefiling.gov.in/) as “Tax Deductor & Collector” to file the “e-TDS/e-TCS Return”.

b. Preparation: The Return Preparation Utility (RPU) to prepare the TDS/TCS Statement and File Validation Utility (FVU) to validate the Statements can be downloaded from the tin-nsdl website (https://www.tin-nsdl.com/). The statement is required to be uploaded as a zip file and submitted using a Digital Signature Certificate. The signature file for the zipped file will be generated using the DSC Management Utility (available under ‘Downloads’ in the e-Filing website https://incometaxindiaefiling.gov.in/).

c. Submission: The deductor/collector is required to login to the e-filing website using TAN and go to TDS -> Upload TDS. The deductor/collector is required to upload the “Zip” file along with the signature file (generated as explained in para (b) above). Once uploaded, the status of the statement shall be shown as “Uploaded”. The uploaded file shall be processed and validated at the e-filing portal. Upon validation the status shall be either “Accepted” or “Rejected which will reflect within 24 hours from the time of upload. The status of uploaded file will be visible at TDS -> View Filed TDS. In case the submitted file is “Rejected”, the reason for rejection shall be displayed.

Notification

No any Fee to Upload TDS/TCS Returns.

All TDS/TCS Deductor and Return Filer are well know about the free facility provided by Income Tax Department on portal http://incometaxindiaefiling.gov.in/ to upload TDS/TCS regular Return/Statement.  This facility is not only to upload TDS/TCS Return but also for many useful and benefited in the interest of both deductors and Return Filer.  By this facility TDS/TCS Deductor no need to reach any nodal centre to upload the same.  All regular Returns/Statements can be uploaded with the help of official Income Tax Department portal.

Stepwise detailed information to Registration for Income Tax Department Portal to uploading free TDS/TCS Return are as below:
  • Login at www.tdscpc.gov.in by internet explorer for better features.
  • click on "Register with e-Filing" available in left hand site.
  • Fill Registration Detail as required.   Specifically there is no need to upload Tan Allotment letter or Letter head of deductor if PAN of deductor automatically captured in Form. 
  • Login at www.incometaxindiaefiling.gov.in
  • Authorise Tan Registration Detail through e-filing site. 
  • An email will be sent at registered email alongwith SMS at registered mobile. 
  • Login your registered email and press available link to authorise, a new window will be opened to enter Activation Pin available in your mobile.
Now, Registration at Income Tax File is complete.

For Detailed information in PDF Click Here
Best compliment to Shri Rajiv Jain

Remember Important points before e-Filing of TDS Return Quarterly.

Remember Important points before e-Filing of TDS Return Quarterly

Given below are the points one should remember before filing quarterly TDS statement:
  • Correct Reporting: Cancellation of TDS statement and deductee row is no longer permissible. Accordingly, it is very important to report correct and valid particulars (TAN of the deductor, Category (Government / Non-Government) of the deductor, PAN of the deductees and other particulars of deduction of tax) in the quarterly TDS statement
  • Quote correct and valid lower rate TDS certificate in TDS statement wherever the TDS has been deducted at lower / zero rate on the basis of certificate issued by the Assessing Officer
  • Last provisional receipt number to be quoted in regular TDS / TCS statements: While filing new regular (original) TDS statement, it is mandatory to quote the last accepted provisional receipt number of the regular quarterly TDS / TCS statement of any form type
  • TDS statement cannot be filed without quoting any valid challan and deductee row
  • Late filing fee, being statutory in nature, cannot be waived
  • Download PAN Master from TRACES and use the same to file new statement to avoid quoting of incorrect and invalid PAN
  • Validate PAN and name of fresh deductees from TRACES before quoting it in TDS statement
  • Download TDS certificate (Form16A) from TRACES (http://www.tdscpc.gov.in) bearing unique TDS certificate number and issue to the taxpayers within due date
  • File correction statements promptly in case of incomplete and incorrect reporting
  • Download the justification report to know the details of TDS defaults, if any, on processing of TDS statement
  • Do view your Dashboard regularly to know about your TDS performance
  • Government deductors should obtain BIN (Book Identification Number) from their Accounts Officer (AIN holder) in time and quote the same correctly in TDS statement

Source: www.tdsman.com

Due Date for TDS Return Filing Quarter-I for Fin.Year 2015-16 and Fees & Penalty thereon.

The Last date of TDS Return filing for Quarter 1 of Fin. Year 2015-16 is 15th July, 2015. After that your TDS Return comes under Late Filing. In that case you may punishable as Fees and Penalty for Late Filing of TDS Returns.  Therefore dont delayed filing of TDS Returns for Fin. Year 2015-16.  The details for Quarter-I Procedure are as under:

With the introduction of Section 234E, there is now a provision of stringent penalties for delayed filing of TDS returns.

  • Failure to submit e-TDS Statement on time will result in fees on the deductor.
  • If you delay or forget to file your e-TDS Statement, fees of Rs. 200 per day will be levied on the deductor, as long as TDS Statement is not filed.
  • The levied amount of fee is not supposed to exceed the TDS deductibles.
  • Prior to filing of TDS Statement such fee should be paid and it should be reflected in the TDS Statement.

Fees and Penalty for Late Filing of TDS Returns of Fin. Year 2015-16 for Quarter-I are as follows:

Section 234E – Levy of Fees 

  • Failure to submit e-TDS Statement on time will result in fees on the deductor.
  • If you delay or forget to file your e-TDS Statement, fees of Rs. 200 per day will be levied on the deductor, as long as TDS Statement is not filed.
  • The levied amount of fee is not supposed to exceed the TDS deductibles.
  • Prior to filing of TDS Statement such fee should be paid and it should be reflected in the TDS Statement.

Section 271H – Penalty

  • Deductor has to pay a penalty ranging from minimum of Rs. 10,000/- to One Lac rupees,
  • If deductor exceeds one year time limit to File TDS Statement.
  • If deductor furnishes incorrect details like PAN, TDS Amount, Payment of Challan etc.
Free Download TDS Software (Click Here)

Impact of Finance Act, 2015 Changes in Sec. 194C w.e.f. 01.06.2016

Changes in TDS from payments to transporters

Previously, payment to transporters carrying on the business of plying, hiring, or, leasing of goods carriages is not liable to withholding tax if the transporter furnishes her/his permanent account number to the payer. It seems that the intention of having this provision was to exclude small transporters from the rigours of TDS provisions. But because of the way the section was drafted, all transporters were excluded from the TDS provisions if they had a PAN.

With a view to bring back the big transporters back into the TDS fold, from 1st June 2015 onwards, this exemption will be available only to those transporters who own ten or less goods carriages at any time during the previous year. Such a transporter would also need to furnish a declaration to that effect to the payer along with the PAN.

There was also some bit of confusion in the minds of a few people as to whether the said section (and exclusion) applied to payers engaged in the business of transport or to payees engaged in the business of transport. To remove this confusion, it has now been clarified in the Memorandum to the Finance Bill that this exemption is available whether such amount is paid by a person engaged in the business of transport or otherwise.

Source: www.tdaman.com

Charges collected for late filing of TDS return is a fees and not a tax

The fee sought to be levied under section 234E for late filing of TDS return is not a tax that is sought to be levied on the deductor. If the section does not empower the AO to condone the delay for furnishing of TDS return, then the said section shall not stand onerous.

Facts of the case:
Petitioner, a practicing Chartered Accountant, challenged the constitutional validity of section 234E.

Section 234E – Levy of Fees:
Failure to submit e-TDS Statement on time will result in fees on the deductor.

If you delay or forget to file your e-TDS Statement, fees of Rs. 200 per day will be levied on the deductor, as long as TDS Statement is not filed.

The levied amount of fee is not supposed to exceed the TDS deductibles.

Prior to filing of TDS Statement such fee should be paid and it should be reflected in the TDS Statement.

The petitioner argued that legislature had categorically termed the levy under section 234E of the Act as a “fee”. It necessarily could be levied only in the event the Government was providing any service. In the absence thereof, the said section seeks to collect tax in the guise of a fee.

He further submitted that the provisions of section 234E were extremely onerous as the AO was not vested with any power to condone the delay in filing the TDS return and there was also no provision of appeal against order of AO.

It was held that:

The High Court held that the the Income Tax Department is under obligation to process the income tax returns within the specified period. If the information of TDS is not furnished by the deductor, the department cannot accurately process the return.

If the income tax returns having refund claims were not processed in a timely manner, it would result in delay in issuing refunds or raising of infructuous demands. Late payment of refund also affects the government financially as the Government has to pay interest for delay in granting the refunds.

To avoid such interest payment, furnishing of TDS returns within the prescribed time frame is necessary. The legislature viewed that the TDS return was not furnished within the due date. This led to an additional work burden upon the Department due to the fault of the deductor.  To compensate for the additional work burdened upon the Department, a fee was sought to be levied under section 234E. Thus, Section 234E is a fee which is charged for the extra service which the Department has to provide due to the late filing of the TDS statements.

Even if right of appeal is not there in the statute, the aggrieved person could anytime approach to the Court under Article 226/ 227 of the Constitution of India, as the case may be. Therefore, the Court held that merely because no remedy of appeal was provided for, the provisions of section 234E were onerous.

Source: Mr. Alok Patnia, founder of Taxmantra.com

Fine for Late filing of TDS Return u/s. 234E is constitutionally valid.

We would like to share a Judgement regarding Fine for Late filing of TDS Return u/s. 234E of Bombay High Court which is recently issued in the case Rashmikant Kundalia Vs. UOI, Writ Petition No. 771 of 2014.  In this wirt Petition, Petitioners have challenged the constitutional validity of section 234E of the Income Tax Act, 1961. Section 234E seeks to levy a fee of Rs.200/- per day (subject to certain other conditions as set out therein) inter alia on a person who deducts Tax at Source (TDS) and then fails to deliver or cause to be delivered the TDS return/statements to the authorities within the prescribed period.

Petitioner No.1 is a practising Chartered Accountant who has received several notices under section 200A of the Act that were served by the Revenue on his various clients. According to the Petitioners, section 234E is ultra vires and violative of Article 14 of the Constitution of India and therefore deserves to be struck down by this Court. Consequently, even the notices issued by the Revenue ought to be set aside.


Source: www.tdsman.com

Important points to remember before filing of TDS Quarterly Return

Given below are the points one should remember before filing quarterly TDS statement:
  •     Correct Reporting: Cancellation of TDS statement and deductee row is no longer permissible. Accordingly, it is very important to report correct and valid particulars (TAN of the deductor, Category (Government / Non-Government) of the deductor, PAN of the deductees and other particulars of deduction of tax) in the quarterly TDS statement
  •     Quote correct and valid lower rate TDS certificate in TDS statement wherever the TDS has been deducted at lower / zero rate on the basis of certificate issued by the Assessing Officer
  •     Last provisional receipt number to be quoted in regular TDS / TCS statements: While filing new regular (original) TDS statement, it is mandatory to quote the last accepted provisional receipt number of the regular quarterly TDS / TCS statement of any form type
  •     TDS statement cannot be filed without quoting any valid challan and deductee row
  •     Late filing fee, being statutory in nature, cannot be waived
  •     Download PAN Master from TRACES and use the same to file new statement to avoid quoting of incorrect and invalid PAN
  •     Validate PAN and name of fresh deductees from TRACES before quoting it in TDS statement
  •     Download TDS certificate (Form16A) from TRACES (http://www.tdscpc.gov.in) bearing unique TDS certificate number and issue to the taxpayers within due date
  •     File correction statements promptly in case of incomplete and incorrect reporting
  •     Download the justification report to know the details of TDS defaults, if any, on processing of TDS statement
  •     Do view your Dashboard regularly to know about your TDS performance
  •     Government deductors should obtain BIN (Book Identification Number) from their Accounts Officer (AIN holder) in time and quote the same correctly in TDS statement
Source: www.blog.tdsman.com

Is it need to verify All PANs before generating TDS Return ?

The Income Tax Department has launched the Electronic Furnishing of Return of Income Scheme, 2004 vide Notification dated 30.9.2004. Under this scheme eligible assessees can file their returns of income electronically through persons authorised to act as  e-return intermediaries.

Deductors furnishing their TDS return in electronic form (e-TDS return) shall furnish the same to TIN facilitation centres established by NSDL. These centres spectively will forward one copy to the regional income tax office and a soft copy to the central database which holds the information on a central server.

With a view to ensure that the TDS returns filed on computer media conform to the required specifications, the person responsible for deduction or collection of tax at source and filing of TDS/TCS return on computer media shall ensure the following:

  • Form No. 27A* (in the cases of tax deduction at source) or Form No. 27B* (in the case of tax collection at source) is duly filled in, verified and enclosed in paper format with the return on computer media.
  • Form 27A/ Form 27B is required to be furnished separately for each TDS/TCS return.
  • Tax deduction and collection account number (TAN) of the person responsible for deducting/collecting tax at source is clearly mentioned in Form No. 27A/Form No. 27B, as also in the TDS/TCS return.
  • The particulars relating to deposit of tax at source in bank are correctly and properly filled in the table at item no. 6 of Form No. 24 or item no. 4 of Form No. 26 or item no. 4 of Form No. 27 or item no. 4 of Form No. 27E, as the case may be.
  • The data structure of the return for tax deduction at source in Form No. 24 or Form No. 26 or Form No. 27 and for tax collection at source in Form No. 27E prepared on computer readable media conforms to the data structure prescribed by the e-filing Administrator authorised under the scheme for electronic filing of TDS/TCS returns notified by the Board.
  • The control totals of ‘amount paid’ and ‘income tax deducted at source’ (deductee numbers may not match) mentioned on Form 27A/ Form No. 27B should match with the corresponding control totals in e-TDS/TCS return. 

Therefore it is necessary and need to verify all PANs before submitting or filing of TDS Return and Avoid Default Notices with steep penalties owing to invalid PANs

Important notes on TDS Default.

Token Number column displays the token number of the regular statement and last two processed correction statements
 
Order Passed Date column displays the order passed dates of the intimation pertaining to the token numbers displayed
 
If there are more than two correction statements processed for the selected FY, Quarter and Form Type then token numbers of the last two statements in the processing order will be displayed
 
Count of Correction Statement(s) is for the FY, Quarter and Form Type selected by user
 
If there are no correction statements for the FY, Quarter and Form Type selected by user, then '0' will be displayed for Count of Correction Statement(s)
 
Default Amount, Amount Reported As 'Interest / Others' Claimed in the Statement and Payable for demand type short deduction will be displayed as 'NA' (not applicable) for Q1, Q2, Q3 of Form Type 24Q as short deduction is calculated at end of Q4
 
If a type of Default is not applicable for the statement, then 'NA' will be displayed for Default Amount or Amount reported as 'Interest / Others' Claimed in the Statement or Payable in Default Summary Details table
 
Total Demand is the sum of Payable amount for all defaults pertaining to the statement
 
Net Payable (Rounded-Off) amount is the rounded-off value of the 'Total Payable Amount'
 
Default Amount, Amount reported as 'Interest / Others' Claimed in the Statement and Payable are as per latest statement processed for the selected FY, Quarter & Form Type
 
Count of Deductees Without PAN and Deductees With Invalid PAN are as per latest statement processed for the selected FY, Quarter & Form Type
 
If there are no Deductees Without PAN or Deductees With Invalid PAN as per latest statement processed for the selected FY, Quarter & Form Type, then '0' will be displayed in respective columns
 
Short Payment – Reason for Short Payment default:
  • Challan / Transfer Voucher details (CIN / BIN, Amount and/or TAN), Mismatch of OLTAS / G-OLTAS data with statement data.
  • Insufficient Challan / Transfer Voucher balance (Claimed amount in the statement against the CIN / BIN > balance available in OLTAS / G-OLTAS for a CIN / BIN).
  • Difference between TDS deducted and TDS deposited in the deductee rows.
Short Deduction – Reason for Short Deduction default:
  • Invalid PAN and TDS have not been deducted as per the prescribed rate u/s 206AA (E.g., PAN-AAAA12345A mentioned in the statement is not valid)
  • (a) No certificate issued from ITD, but deductor has claimed lower rate in statement  (b) Validity of the certificate has expired.
  • Other reasons (Threshold, Tax Rate, etc.)
Interest on Short Payment:
  • Interest on Short Payment is a provisional interest because interest on Short Payment has to reduce when deductor pays / files the correction statement to reduce the Short Payment amount and then 'Interest on Late Payment' shall be appropriately calculated till the date of actual payment.
Interest on late payment
  • Interest on Late Payment will be calculated on the amount which has been paid after due date from the date of deduction till the date of deposit.
Additional Late Payment interest against the processing of latest correction
  • Additional Late Payment interest = (Amount of late payment interest after processing the latest correction) minus (Amount calculated based on previous statement)
Interest on Short Deduction
  • Interest on Short Deduction is a provisional interest because interest on Short Deduction has to reduce when deductor deducts / files the correction statement to reduce the Short Deduction amount and then 'Interest on Late Deduction' shall be appropriately calculated till the date of actual date of deduction.
  • In case of salary, Short deduction will be calculated only when deductor files Annexure-II in Q4.
Interest on Late Deduction
  • Interest on Late Deduction will be calculated on the amount which has been deducted after due date from the date of payment / credit to the payee till the date of deduction.
Additional Late Deduction interest against the processing of latest correction
  • Additional late deduction interest = (Amount of late deduction interest after processing the latest correction) minus (Amount calculated based on previous statement).
Late Filing Levy
  • Late Filing levy has been calculated u/s 243E @ Rs.200/- per day from the due date of filing the statement till the date of filing of Regular Statement (from Q2 of FY 2012-13 onwards). Amount of Late Filing levy will be restricted to total amount of TDS deducted as per TDS statement.
Additional Late Filing levy against the processing of latest correction
  • Additional Late filing Levy = (Late Filing levy after processing of correction statement) minus (Late Filing levy communicated earlier in intimation)
  • Levy amount will be restricted to TDS deducted amount.
  • As TDS deducted for Regular Statement was reported as ` 2000.00, hence Late Filing levy was also restricted to ` 2000.00. Later on deductor has filed correction statement and Total TDS Deducted increased to ` 3500.00. Hence, ` 3 000.00 (Actual Late Filing Levy) - ` 2000.00 (Late Filing levy) = ` 1 000.00 (Additional Late Filing Levy)
Interest u/s 220(2)
  • Interest u/s 220(2) will be chargeable in case demand is paid after expiry of 30 days from the date of 'Order Passed Date'. Assessee will be liable to pay simple interest @ 1% for every month or part of the month, commencing from the date immediately following the due date of demand order and ending with the day on which the demand has been paid.

Source: www.caclubindia.com

Upload Online e-TDS/e-TCS Return with service centre Links.

NSDL e-Governance Infrastructure Limited (NSDL) launched an online upload of e-TDS return facility enabling entities to directly furnish (upload) their e-TDS returns (Form 24, 26 and 27 only) to the TIN central system through the Internet on July 10, 2004.

Online upload of electronic statement facility can be used for upload of quarterly e-TDS/TCS statements (F.Y. 2007-08 Onwards) and Annual Information Return (AIR) (F.Y. 2004-05 Onwards). This facility is available only for entities who possess a valid reformatted 10-digit TAN. Entities having old TAN or who have not yet been allotted a reformatted 10-digit TAN cannot upload their e-TDS/TCS statements directly to the TIN central system through the internet.

An entity desirous of using this facility has to register itself online as an organisation and can associate its multiple TAN(s) to this organisation. These TANs should belong to the same legal entity for example ABC Bank and its branches (with different TANs) can register as one entity. Registration shall be in the name of ABC Bank and TAN of its different branches can be associated with it.

Entities intending to avail of this facility should have a Digital Signature Certificate (DSC) (Class II or Class III) from any of the CCA approved Certifying Authority specified by NSDL for the purpose of digitally signing the registration and subsequent logins to the TIN central system and upload of statements. 

The DSC can be procured from the following Certifying Authorities (CA) / Sub Certifying Authorities.
Certifying Authorities
Sub Certifying Authorities
  • Emasters Net Pvt. Ltd.
  • Logitech Solutions Pvt. Ltd.
Note :-
As per the guidelines issued by the Office of CCA, it is required to comply to the use of SHA-2 Hash Algorithm and 2048 bit RSA keys for digital signing. In view of the same, the following pre-requisites need to be followed:
  1. JRE version : SUN-java 1.6_update29 or higher version (32 bit)
  2. Client Operating system : Windows XP SP3, Vista Windows 7, Windows 2003 with patch for SHA-2.
  3. I.E browser version supported : 7,8 and 9.
  4. Safenet or E-token drivers used should be the latest (if applicable)

Preparation, Validation and e-Filing of e-TDS Return

e-TDS return has to be prepared in accordance with the file format prescribed by the Income Tax Department. NSDL has provided free downloadable utility at http://tin.nsdl.com for the purpose of preparation of e-TDS return. Alternatively, various softwares are available for preparation of TDS returns.


Following points should be noted while preparing E-TDS return :

1. Payment of TDS / TCS in Bank and Verification thereof
  1. Challan no. 281 should be used for deposit of TDS/TCS.
  2. Correct 10-digit Tax Deduction Account Number (TAN), name and address of the deductor/collector should be quoted on each challan used for depositing tax. TAN details should be verified from the Income Tax Department web-site.
  3. Separate challans should be used to deposit tax deducted under different sections. Correct code for nature of payment should be indicated in the relevant column in the challan. (For example, 94C for payment to contractors and sub-contractors, 94I for rent).
  4. Separate challans should be used to deposit tax deducted for different types of deductees, i.e. Corporate or Non Corporate.
  5. It is mandatory for the following types of assessees to pay tax online with effect from April 1,2008.
    1. All the corporate assessees.
    2. All assessees (other than company) to whom provisions of section 44AB of the Income Tax Act, 1961 are applicable.
    6.    Challan Identification Number ( CIN ) :
After the taxes are paid, the collecting bank branch will give a counter foil as acknowledgement for the taxes paid. Ensure that the bank has mentioned the Challan Identification Number (CIN) on the counter foil.
CIN has three parts : 7 digit BSR code of the bank branch where tax is deposited, Date of Deposit of tax and Serial Number of Challan
    7.    The status of the challan deposited can be viewed on the NSDL-TIN website (www.tin-nsdl.com) under the link “Challan Status Enquiry”.
    8.    Challan Amount
  1. Actual challan amount should be mentioned in the TDS Return. This will enable matching the challan details provided by the deductor in the TDS return with the challan details uploaded by banks.
  2. If TDS for two months (June and July) was paid using one challan, the same challan details should be repeated for both Q1 and Q2. However, it should be ensured that the total TDS deposited for the corresponding deductees given in returns for both quarters should be less than or equal to the challan amount.


Permanent Account Number of Deductee
In case valid PAN of a deductee is not available, the deductor should mention the details as under :
PANAPPLIED - in case deductee does not have a PAN but has applied and provided proof of application of PAN.
PANNOTAVBL - where deductee has not given any PAN or proof of PAN application. This means PAN is not available.
PANINVALID - where deductee has provided PAN but it is structurally invalid. The Deductee PAN field should contain a structurally valid PAN or PANAPPLIED or PANNOTAVBL or PANINVALID only. If any other value is mentioned in this field then the FVU will give an error during validation of the TDS return.


Deductee Type ( Company / Non Company )
Deductee Type should be properly indicated.


Payment by Book Entry or Otherwise
If tax is deducted on the basis of provision made on the last day of the accounting year then the option ‘Paid by Book Entry’ has to be selected.
This is necessary to ascertain the correct due date of payment for such tax deduction.


Rate of TDS & Reason Code for non deduction or lower deduction :
The rate of tds should be correctly mentioned in the e-TDS return. If lower deduction / no deduction is on account of a certificate under section 197, then this should be indicated by writing ‘A’ in the appropriate column. If lower deduction / no deduction is on account of declaration under section 197A, then this should be indicated by writing ‘B’ in the appropriate column.


VALIDATION OF E TDS RETURN
File Validation Utility (FVU) has been developed by NSDL to help deductors ensure that the e-TDS returns prepared by them conform to the prescribed file format. After preparing e-TDS return in accordance with the file formats notified by ITD, a text file is generated with ‘txt’ as filename extension. This *.txt file should be validated using the latest FVU to ascertain whether the return contains any format level error(s). In case the errors are found, these errors should be rectified and the file should be validated once again. This procedure should be repeated till an error free return is prepared. It should be noted that the FVU validates only the format level accuracy of the e-TDS return.


After successful validation of input file, three files are generated : TDS  Statement Statistics Report, PAN statistics report and upload file. Eg. In case of valid file for Form 26Q, the FVU will generate three files as follows:
i. Form26Q.html : ‘TDS Return Statistics Report’ This report is a summary of the e-TDS return successfully validated by the FVU. It should be ensured that the control totals along with the TAN, assessment year and other details as reflected in this report match with the actual information.
ii. Form26Q_PAN_Statistics.html This is a PAN Statistics Report which contain list of deductee PAN deficiencies like invalid PAN, PAN not available and PAN applied. If there are no PAN deficiencies, then this file will not be generated.
iii. Form26Q.fvu This is an upload file generated with the same file name as the ‘input file’ but with an extension .fvu. This .fvu file should be copied on floppy or CD for the purpose of furnishing the same at TIN FC.


FILING OF e-TDS RETURNS
After preparing and validating the e-TDS returns as abovementioned, the deductor will have to file the same at any TIN-FC managed by NSDL or through an online web based facility provided by NSDL. File *.fvu which is generated after successful validation is the upload file which has to be submitted to TIN FC for filing of e-TDS return. Before filing, it should be ensured that :


i)  Each quarterly / annual e-TDS statement / return is in a separate CD/floppy and is accompanied by a duly filled and signed (by an authorised signatory) Form 27A in physical form.
ii)    Each return is in one CD/floppy. It should not span across multiple floppies.
iii)    Return should be compressed, if required, only by using Winzip 8.1 or ZipItFast 3.0 (or higher version) compression utility to ensure quick and smooth acceptance of the file.
iv)    Label mentioning TAN, name of deductor/collector, period to which return pertains (quarter and F.Y.) and Form no. (24Q, 26Q, 27Q or 27EQ) is affixed on each CD/floppy for the purpose of identification.
v)    There is no overwriting/striking on Form 27A. If there is any, then the same should be ratified by an authorised signatory.
vi)    TAN details (name, address, etc.,) of the deductor as provided in the quarterly e-TDS return should be same as in the TAN database maintained by ITD (these details can be verified on web-site www.incometaxindia.gov.in). If they are different, the deductor will have to submit a TAN change request application to update the ITD TAN database or a copy of the acknowledgment of TAN change request already submitted.
vii)    The e-TDS return has been successfully passed through the latest version of the FVU.
viii)    Control totals, TAN and name mentioned in the e-TDS return match with those mentioned on Form 27A.
ix)    CD/floppy is virus free.
In case any of these requirements are not met, the e-TDS return will not be accepted at TIN- FCs or NSDL website. In that case, Non Acceptance Memo will be issued by the TIN-FC.

Complete Upload Procedure of e-TDS/TCS/AIR Online Return.

NSDL e-Governance Infrastructure Limited (NSDL) launched an online upload of e-TDS return facility enabling entities to directly furnish (upload) their e-TDS returns (Form 24, 26 and 27 only) to the TIN central system through the Internet on July 10, 2004.

Online upload of electronic statement facility can be used for upload of quarterly e-TDS/TCS statements (F.Y. 2005-06 Onwards), e-TDS/TCS returns upto F.Y. 2004-05 and Annual Information Return (AIR) (F.Y. 2004-05 Onwards). This facility is available only for entities who possess a valid reformatted 10-digit TAN. Entities having old TAN or who have not yet been allotted a reformatted 10-digit TAN cannot upload their e-TDS/TCS statements directly to the TIN central system through the internet.


  • Electronic statements (e-TDS/TCS/AIR) can be uploaded online to the TIN central system only for those TANs who have been associated with the organisation and duly authorised by NSDL.
  • A user can upload electronic statements online only for TANs associated with it.
  • Electronic statements should be prepared as per the data structure prescribed by the Income Tax Department (ITD). The data structure is the same as prescribed by ITD for furnishing of electronic statements through TIN-FCs.
  • After preparation of the electronic statement, entities have to verify the electronic statement through the latest version of File Validation Utility (FVU) provided by NSDL which can be freely downloaded from the TIN web-site. The upload file generated by the FVU is to be uploaded online.
  • The length of the filename should not be more than eight characters. The filename can be alphanumeric. No special characters are allowed in the filename (e.g. name of the file can be: Form27E.txt).
  • The user will login to the TIN central system by signing with the DSC associated with it. On authentication of the DSC, the user will get access to the online upload system.
  • After successful login, the user will select Upload option from the main menu. The user will have to choose sub-option 'TDS/TCS' and upload the electronic statement online to the TIN central system by digitally signing the upload.
  • If DSC authentication fails the electronic statement will not be uploaded.
  • The status of the electronic statement uploaded can be viewed by selecting File Status from the main menu.
  • After upload of the electronic statement the TIN central system will perform format level validations, check the TAN - User ID association. In case electronic statement is invalid or the TAN (for which the electronic statement was uploaded) is not associated to the user i.e. user uploads an electronic statement online for a TAN which is not associated with it, the electronic statement uploaded will be rejected. In case of an accepted electronic statement a Provisional Receipt will be generated which will contain a Provisional Receipt Number / Token Number and will also indicate count of missing/invalid PANs. The deductor can view/print the Provisional Receipt.
  • Entities using the online upload of electronic statements facility will not submit Form 27A, CD / Pen drive for accepted electronic statements to TIN-FC or NSDL.
  • This facility is not available for online upload of electronic statements for Form 24 for those entities who have to submit physical certificates for No / lower deduction of tax and Form 12 B with respect to any of their deductees.
  • In case the entity is not able to upload its electronic statement using the online upload of electronic statement facility to the TIN central system, it may submit the same at any of the TIN-FCs by following the prescribed procedure for furnishing of e-TDS Statements with TIN-FCs.

New TDS e-Tutorial

TDS is one of the modes of collection of taxes, by which a certain percentage of amounts are deducted by a person at the time of making/crediting certain specific nature of payment to the other person and deducted amount is remitted to the Government account. It is similar to "pay as you earn" scheme also known as Withholding Tax in many other countries, one of the countries is USA. The concept of TDS envisages the principle of "pay as you earn". It facilitates sharing of responsibility of tax collection between the deductor and the tax administration. It ensures regular inflow of cash resources to the Government. It acts as a powerful instrument to prevent tax evasion as well as expands the tax net.

Who shall deduct tax at source?
Every person responsible for making payment of nature covered by TDS provisions of Income Tax Act shall be responsible to deduct tax.

However in case of payments made under sec. 194A, 194C, 194H, 194I and 194J in respect of individual and HUF, only if the turnover or professional receipt exceeds sum of Rs. 40 lakh or Rs. 10 lakh respectively (the limits will be Rs.60 Lakh or Rs. 15 Lakh respectively w.e.f. 01.07.2010) in previous year, he is required to deduct tax at source.

These persons are mainly:
  • Principal Officer of a company for TDS purpose including the employer in case of private employment or an employee making payment on behalf of the employer.
  • DDO (Drawing & Disbursing Officer), In case of Govt. Office any officer designated as such.
  • In the case of "interest on securities" other than payments made by or on behalf of the Central govt. or the State Government, it is the local authority, corporation or company, including the Principal Officer thereof.
Such person is called Deductor while the person from whom the tax is deducted is called Deductee.

Tax must be deducted at the time of payment in cash or cheque or credit to the payee's account whichever is earlier. Credit to payable account or suspense account is also considered to be credit to payee's account and TDS must be made at the time of such credit.

TDS u/s. 194-IA and revision of Form No.24Q.

The provisions of rule 30, rule 31 and rule 31A of the Income-tax Rules, 1962 were amended and Form No.16B & Form No.26QB were inserted in the Income-tax Rules, 1962 vide Notification No.S.O.1404 (E) dated 31st May, 2013 to simplify the procedure relating to deposit of tax and furnishing of information relating to tax deducted at source (TDS) on payment made for transfer of certain immovable property other than rural agricultural land. Form No.24Q (Quarterly statement for deduction of tax from salary payment) was also revised to incorporate columns relating to surcharge.

Highlights of the new rules are as follows:
  1. TDS deducted under section 194IA shall be paid to the credit of the Central Government within a period of seven days from the end of the month in which the deduction is made. The rules is same as applicable in tds deducted under other sections.(read TDS rate chart for all sections)
  2. TDS under section 194IA is to be deposited on challan cum statement on FORM 26QB.
  3. TDS is to be deposited only through E payment mode only. So online payment u/s 194IA is mandatory, Online e-payment form is available on TIN-NSDL website.
  4. TDS certificated must be issued to deductee on form 16B within 15 days from due date of deposit as explained in Sr number 1.
  5. TDS certificate must be downloaded from online TDSCPC website.
Simplification of Procedure for deposit of tax and furnishing of information relating to Tax Deducted at Source (TDS) under section 194-IA (Payment on transfer of certain immovable property other than rural agricultural land) and revision of Form No.24Q.
 

Whether PAN is compulsory for Contractor or any provision to deduct TDS without PAN and how much TDS Rate is applicable in both condition?

Income Tax Section 206AA is require TDS Deductee receiving as Contract Income or other Income which is liable to Deduct TDS on it, PAN is mandatory/compulsory for the Deductor. In case, the Deductee fails to furnish PAN, the Deductor is liable to deduct tax at a rate which is higher of the following:
  • the rate specified in the Act;
  • the rate or rates in force or
  • at the rate of 20%.
In the case of TDS Deductor deducted tax below Tax rate then TDS Deductee or TDS Deductor or both is liable to pay penalty or interest. Thus the Tax Deductor must deduct TDS at Higher Rates (@ 20%) as the PAN is not furnished by the deductee. TDS Deductor have to either get the PAN from the concerned deductees or have to collect/pay the balance amount of tax to the Government Treasury to avoid all the penal consequences.

Before 01.10.2010, it was mandatory to submit e-TDS/e-TCS return with certain percentage of PAN of Deductees failing which return filing was not possible. After releasing new codes as C & T for higher rate and for non deduction of TDS for transporter, e-TDS/e-TCS return can be validated without 100% PAN numbers of Deductees. To submit return without having 100% PAN, TDS Deductor have to select higher rate as coded "C" in column named "Reason for non-deduction / lower deduction" as appearing in the quarterly return.

Q1 (Quarter First) of TDS Return must submit on or before 15th July & save Penalty Rs. 200/- Per day.

All TDS deductors other than Government TDS deductors must file their quarterly TDS statement (Q1) for the First Quarter ending 30th June 2012, on or before 15th July 2012 and Government TDS deductors must file their statement on or before 30th July 2012. While submitting their statements, the TDS deductors have to choose correct and relevant form, quote correct PAN against all entries and ensure that correct CIN/BIN is quoted in the TDS statement. Non-quoting of PAN or TAN in TDS statements or delay in filing of TDS statements may lead to levy of penalty.

Filing of TDS statement with correct PAN and CIN/BIN is important because under Rule 37BA of Income Tax Rules, 1962 credit for tax deducted at source is given to the deductees on the basis of TDS statement furnished to the Income-tax Department by the deductor. Filing of TDS statements with incorrect PAN or other details of the deductee would, therefore, cause inconvenience to the deductees (taxpayer).

In case the income on which tax has been deducted at source is assessable in the hands of a person other than the deductee, the deductee must file a declaration with the deductor that credit for the TDS shall be given to the other person and not to the deductee. The declaration filed by the deductee must contain the name, address, Permanent Account Number of the person to whom credit is to be given and reasons for giving credit to such person. The deductor must, in the TDS statement, report the tax deduction in the name of such other person and also issue the TDS certificate in the name of the person in whose name credit is shown in the TDS statement.TDS certificates for deductions on income other than salary income (Form 16A) for the quarter ending 30th June 2012 should be issued on or before 30th July 2012.

Latest TDS Calculator for Central & State Goverment Employee for Asstt. Year 2013-14.

As you know, last time we published TDS Calculator with Current D.A. & other Allowance, but This TDS Calculator is based on features D.A. Rates and Current D.A. of current Financial Year 2012-13. It is a simple and most useful TDS Deductions Calculator for Assessment Year 2013-14 Excel Utility (software) with Free Download Facility. This software calculate TDS Deductions monthly for A.Y. 2013-14 with all qualifying Deductions and other eligible Deductions.

Key Features of this the Software:
  • Calculate Gross Income as per current D.A. Rates
  • Calculate Gross TDS Tax Liability
  • Display Monthwise Salary Statement
  • Davide TDS Liability Monthly.
How to Use this Calculator?
  • Enter Date as required by Software in only "White Field".
  • Press Button to Calculate Tax Liability and Monthly Salary Statement.
Picture of Calculator.
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