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 |
|---|---|---|---|
| 1234567 | 12345 | Rs.5000 | 04/05/2016 |
Now you added the following deductions:
| Deductee Name | Deductee PAN | Amount Paid | TDS Deducted | Date of Deduction |
|---|---|---|---|---|
| Priyal Shah | ABCPS1234A | Rs.20000/- | Rs.2000/- | 20/04/2016 |
| Dhiraj Patel | BCAPP1234B | Rs.20000/- | Rs.2000/- | 25/04/2016 |
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.
For eg:
| 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:
| Sr. No. | Particulars | Due Date for TDS Payments |
|---|---|---|
| 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 |
|---|---|---|
| 04/04/2016 | 04/04/2016 | 07/05/2016 |
| 28/04/2016 | 11/05/2016 | 07/06/2016 |
| 12/03/2016 | 12/03/2016 | 30/04/2016 |
| 09/07/2016 | 15/07/2016 | 07/08/2016 |
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 in case of TDS Return?
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 |
|---|---|---|---|---|
| 2016-17 | Q1 | 31/07/2016 | 07/10/2016 | Rs. 7000 |
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
FAQs
When tax has been deposited more than the required tax deducted at source for a particular Assessment Year, the excess amount of tax can be claimed in the following quarters of the relevant year. The balance amount if any, can be carried forward to the next year for the claim in the TDS statement.
If the TDS is deducted but it does not reflect in your Form 26AS, you can not claim the tax credit. It usually means, TDS is deducted on your income, but the deductor has not deposited it with the government. Therefore the tax credit is not shown in your Form 26AS.
TDS is only a mode of an early collection of tax. The ultimate liability of paying taxes is on the person earning income and, hence, if the employer fails to deduct tax, then it is the liability of the employee to pay the tax on the same. Further, if the employer has deducted less tax, then it is the liability of the employee to pay the balance tax.
Hey @HarshitShah
Yes, in case you have not deposited TDS by the due date, the following penalties might be applicable:
Interest (if you do not deposit the TDS amount in time)
Late filing fee (if you do not file by the deadline)
Penalty (if TDS is not filed within one year of the due date)
Hope this helps!
Hey @HarishMehta
Form 24, 27 and 27E are forms to file TDS/TCS returns:
Form 24 is to file TDS return detailing Salary Payments
Form 27 is to file TDS return detailing Foreign or NRI payment other than salary
Form 27E is to file TCS returns
Hope this helps!
Hi @KrishnaAgarwal
Hey @taxpayer, you can file your Income-tax return can claim the tax refund for any excess tax credits available to you.
If your total taxable income is below the basic exemption limit then you won’t have any tax payable.
You can check the total tax credits available to you in your Form 26AS
@Muskan_Balar @Bharti_Vasvani can you help here?
Hello @abhaykk90,
As per section 194IB of the income tax act, if you’re liable to deduct TDS on rent paid, the rate applicable will be 5%.
Hope this helps!
Hi @t_bovee,
Here are answers to your various questions
However, you can file TDS return 26QC within 30 days from the end of the financial year.
Here’s a read on What is Form 26QC? Who needs to file form 26QC? - Learn by Quicko for your reference. Hope this helps.
Hi @t_bovee
It would not be possible for us to tell you the mismatch of amounts, without seeing the documents.
However, for expert assistance with your taxes, here’s how you can Book a MEET.
Hi @paliya_hitesh
Here’s read on Form 26Q: TDS on other than Salary - Learn by Quicko for your refrence.
Thank you for the reference @Shrutika_Shah