TDS means Tax deducted at source. The concept of TDS in income tax act was introduced with an aim to collect tax from the very source of income. As per this concept, a person (deductor) who is liable to make payment of specified nature to any other person (deductee) shall deduct tax at source and remit the same into the account of the Central Government. The deductee from whose income tax has been deducted at source would be entitled to get credit of the amount so deducted on the basis of Form 26AS or TDS certificate issued by the deductor.
Now there are two activities which one needs to perform under TDS:
1. Deduct TDS regarding expenses.
2. Pay the amount of TDS deducted to government.
3. File TDS return.
Section 200 read with rule 30 defines the rule for depositing the tax deducted by an assessee which are as under:
In case of government office:
1. On the same day where the tax is paid without production of an income-tax challan; and
2. On or before seven days from the end of the month in which the deduction is made or income-tax is due under sub-section (1A) of section 192, where tax is paid accompanied by an income-tax challan.
In any other case:
1. On or before 30th day of April where the income or amount is credited or paid in the month of March; and
2. For any other month, on or before seven days from the end of the month in which the deduction is made or income-tax is due under sub-section (1A) of section 192.
Section 200 read with rule 31A defines the rule for filing of TDS return by an assessee which are as under. This cover form 24Q, 26Q and 27Q:
|Sl. No.||Date of ending of quarter of financial year||Due date|
|1.||30th June||31st July of the financial year|
|2.||30th September||31st October of the financial year|
|3.||31st December||31st January of the financial year|
|4.||31st March||31st May of the financial year immediately following the financial year in which the deduction is made|
Now coming to the main question of whether the due date has been extended during the Lock-down period for filing of TDS return or depositing TDS amount?
The answer is NO.
In the ordinance issued on 31.03.2020 it was clearly mentioned at point no (vii) that interest on reduced interest at 9% shall be charged for non payment of Income-Tax. Hence there was no extension in filing of TDS return nor any waiver of interest on late payment or waiver of late fee of TDS.
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