Time Limits in Tds
Time Limits in Tds
Time Limits in Tds
TDS Return
Updated on Sep 12, 2017 - 07:18:24 PM
The dates of submitting TDS for every quarter are:
Month of Quarter Due date for TDS Due Date for filing Due Date for filing of
Deduction ending Payment through Challan of Return from the for the financial year
financial year
2016-17 for All
*For Govt. For Other Deductors For Govt. For
Deductor Deductor Deductor Dedu
April 30th June 7th May 31st July 31st July 15th
January 31st March 7th Feb 31st May 15th May 15th
Interest
Section Nature of Default Interest subject to TDS/TCS amount Period for which interest is
201A Non deduction of tax 1% per month From the date on which tax d
at source, either in to the date on which tax is act
whole or in part deducted
Section Nature of Default Interest subject to TDS/TCS amount Period for which interest is
After deduction of tax, 1.5% per month From the date of deduction to
non payment of tax of payment
either in whole or in
part
Note: The above interest should be paid before filing of TDS return.
Under Section 201(1A) for late deposit of TDS after deduction, you have to pay
interest. Interest is at the rate of 1.5% per month from the date at which TDS was
deducted to the actual date of deposit. Note, that this is to be calculated on a
monthly basis and not based on the number of days i.e. part of a month is
considered as a full month.
For example, say that your payable TDS amount is Rs 5000 and the date of
deduction is 13th January. Say you pay TDS on 17th May. Then the interest you owe
is Rs 5000 x 1.5% p.m. x 5 months = Rs 375.
“Month” has not been defined in the Income Tax Act, 1961. However, in a number of
High Court cases, it has been mentioned that it should be considered as a period of
30 days and not as an English calendar month.
This amount is to be paid from the date at which TDS was deducted, not from the
date from which TDS was due.
For example, let the due date of TDS payment be 7th May and you have deducted
TDS on 19th April. Say you have not deposited TDS by 7th May. Then you will be
required to pay interest starting from 19th April and not 7th May.
Also consider the case in which you deposit tax one month after the due date. Say
you have deducted TDS on 1st August. Then the due date is 7th September. Now
say you deposit tax on 8th September (i.e. one day after the due date). Then interest
is applicable from 1st August to 8th September i.e. for a period of 2 months. You
now have to pay interest of 1.5% p.m. x 2 months = 3%.
Penalty
Penalty (Sec 234E): Deductor will be liable to pay way of fee Rs.200 per day
till the failure to pay TDS continues. However penalty should not exceed the
amount of TDS for which statement was required to be filed.
Penalty (Sec 271H): Assessing officer may direct a person who fails to file
the statement of TDS within due date to pay penalty minimum of Rs.10,000
which may extended to Rs.1,00,000.
Penalty under this section is in addition to the penalty u/s 234E.
This section will also cover the cases of incorrect filing of TDS return.