Guide: Potential Notices from incorrect TDS Return
What is an unclaimed challan?
Unclaimed challan is the situation where you have entered a valid challan but it is not consumed or partially consumed. This can easily go unnoticed and result into considerable amount of Unclaimed challans.
For eg. you added the following challan:
|Challan BSR Code||Challan Serial No.||TDS Amount||Date of Deposit|
Now you added the following deductions:
|Deductee Name||Deductee PAN||Amount Paid||TDS Deducted||Date of Deduction|
As you can see that total TDS amount in the challan is Rs. 5000 however you have claimed only Rs. 4000 out of the same. This results into unclaimed challan of Rs. 1000/-
This situation can very well be curtailed if a proper warning mechanism is at place which identifies potential unclaimed challans.
What is a short deduction?
Short deduction is the situation where you have deducted TDS at a rate, lower than the prescribed rate by the Income Tax Act. This is one of the most common reason for receiving a notice. Here is an example of short deduction
|Deductee Name||Deductee PAN||Amount Paid||TDS Deducted||Section Code||Short Deduction|
|Bhargav Rao||ABCPR1234B||Rs.5000||Rs. 4000 (8%)||194J (Fees for Professional / technical services) Prescribed rate is 10%||Rs. 1000|
What is late deduction?
Late deduction will arise when the date of TDS deduction is later than the date of payment/credit.
|Date of payment/credit||Amount of payment||Date of TDS deduction||Amount of TDS deducted|
|01/04/2016||Rs. 1,00,000||05/05/2016||Rs. 10,000|
As you can see, that although the payment was made on 01/04/2016, the deductor forgot to deduct the TDS on the same date and made the full payment. Then in the next month, he realises his mistake, deducted the TDS and deposited the same to the government.
Interest penalty @ 1% (per month or part thereof) will be applicable on the TDS deducted for late deduction.
So for the above situation, interest liability will be as follows
Rs. 10,000 x 1% x 2 months* = Rs. 200
* As per income tax act, rate of 1% is applicable for a month or a part thereof. Hence even if your delay exceeds by 1 day, you will have to pay interest for the whole month.
What is late deposit of TDS?
When you deposit TDS to the Government, later than the prescribed due date, it is called late deposit
Following are the due dates for TDS deposit:
|1.||For every month (Except March)||7th of the next month|
|2.||For month of March (In case of govt. Deductor)||7th of the next month|
|For month of March (In case of other deductor)||30th April of the next year|
Note: please keep in mind that the due date is from the month in which deduction is made and not the payment.
For better understanding, let’s take a few examples
|Date of Payment||Date of deduction||Due date for Payment of TDS|
Interest penalty @ 1.5% (per month or part thereof) will be applicable on the TDS deducted for late deposit.
So for eg. if TDS amount is Rs. 10,000, Date of deduction is 04/05/2016 (Due date for deposit will be 07/06/2016) and TDS is deposited on 10/06/2016 then interest liability will be as follows
Rs. 10,000 x 1.5% x 2 months* = Rs. 300
* As per income tax act, rate of 1.5% is applicable for a month or a part thereof. Hence even if your delay exceeds by just 1 day, you will have to pay interest for the whole month.
What is late filing fee?
When a deductor fails to file TDS return within due date, he is liable to pay late filing fee of Rs. 200 for every day until return is filed. However, the amount of late filing fee can not exceed the amount of TDS deducted.
Following are the due dates for TDS return filing:
|Quarter||Last day of Quarter||Due Date for TDS Return (FY 2016-17)|
|Q1||30th June||31st July|
|Q2||30th September||31st October|
|Q3||31st December||31st January|
|Q4||31st March||31st May|
Let’s take an example to understand:
|Financial Year||Quarter||Due Date||Filed On Date||Late Filing Fees|
As you can see that the return is filed after the due date, and therefore a deductor attracts a levy of late filing fee.
Late Filing Fees = Rs. 200 x 68 days = Rs. 13,600 OR Rs. 7,000 whichever is less. i.e, Rs. 7,000