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Penalties on TDS Late Filing
The person has to pay TDS late filing fees under Section 234E, if he fails to file the TDS Return or does file the return within the due date. Apart from the late fee under Section 234E, he shall also be liable to pay penalty under Section 271H.
Due Dates For Filing Of TDS Return
In order to avoid the TDS late filing, the person must file the TDS returns within the due dates prescribed. These due dates are as follows:
Due date for filing of TDS return (Both for Government and other Deductor)
30th June, 2022
31st July, 2022
30th September, 2022
31st October, 2022
31st December, 2022
31st January, 2023
31st March, 2023
31st May, 2023
TDS Late Filing Fees Under Section 234E
As per section 234E, where a person fails to file the TDS Return on or before the due date prescribed, then he shall be liable to pay, by way of fee, a sum of Rs. 200 for every day during which the failure continues. However, the amount of late fees shall not exceed the amount of TDS.
Further, the person cannot file a TDS return without payment of the above late filing fees. In other words, the person will have to deposit late filing fees before filing the TDS return. Please note that Rs. 200 per day is not a penalty but it is a late filing fee.
TDS Return Filing Fees Under Section 234E
The due date for filing of TDS return for the first quarter of the year 2021-22 i.e. April 2021 to June 2021 is 31st July, 2021. The return is filed on 4th April, 2022, thus there is a delay of 247 days as computed below:
From the above computation, it can be observed that there is a delay of 247 days. Late filing fees under section 234E will be charged at Rs. 200 per day, thus for 247 days, the late filing fees will come to Rs. 49,400.
In the above example, the TDS filing quarter remains the same but the TDS liability is Rs. 8,400.
As per Section 234E, the TDS late filing fee is Rs. 200 for every day during which the failure continues. However, the amount of the late fee shall not exceed the amount of TDS. Here, in this case, the late filing fees on the basis of days are Rs. 49,400 which is more than the TDS liability of Rs. 8,400. Therefore, in this case, Mr. Sharma will have to pay late fees of Rs. 8,400.
Penalty For Late Filing Of TDS Return
As per section 271H, where a person fails to file the statement of TDS i.e. TDS Return on or before the due dates, then the assessing officer may direct such person to pay penalty under section 271H.
The minimum penalty under this Section is Rs. 10,000 which can go up to Rs. 1,00,000. Penalty under section 271H will be in addition to late filing fees under section 234E. Apart from the delay in filing TDS returns, section 271H also covers cases of filing incorrect TDS returns. Further, Section 271H also covers if the deductor files an incorrect TDS/TCS return. In other words, there can be a levy minimum penalty of Rs. 10,000 and a maximum penalty of up to Rs. 1,00,000, if the deductor/collector files an incorrect TDS return.
Cases Where There Will Be No Penalty For Late Filing Of TDS Return
There will be no levying of penalty under section 271H in case of delay in filing the TDS return on fulfilment of the following conditions:
- Payment of TDS to the credit of the Government
- Payment of late filing fees and interest (if any) to the credit of the Government
- Filing of TDS return before the expiry of a period of one year from the due date
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