CA NeWs Beta*: TDS Challan ITNS-281 has been amended so as to include 'Fee u/s 234E'

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Thursday, March 7, 2013

TDS Challan ITNS-281 has been amended so as to include 'Fee u/s 234E'

As we all know about late fee of Rs. 200 per day for late filing of TDS Return u/s 234 E, now TDS Challan ITNS-281 has been amended so as to include 'Fee u/s 234E' in details of payment. Revised Challan is attached. Also while making online
payment, option is now available to fill Fee u/s 234 E.
 
        This fee is compulsory to be paid before submitting return as per section 234 E and amount of Fee can not exceed tax deducted or collected as the case may be. We should take it as an important change. There were news that delayed Returns will not be accepted without payment of this fee but as far as returns of 3rd quarter were concerned, delayed returns were being accepted without payment of such fee though there is high possibility that assessee may receive demand notice later on about such fee.

Section 234 E is reproduced as under:
 
Section 234E. (1) Without prejudice to the provisions of the Act, where a person fails to deliver or cause to be delivered a statement within the time prescribed in sub-section (3) of section 200 or the proviso to sub-section (3) of section 206C, he shall be liable to pay, by way of fee, a sum of two hundred rupees for every day during which the failure continues.
(2) The amount of fee referred to in sub-section (1) shall not exceed the amount of tax deductible or collectible, as the case may be.
(3) The amount of fee referred to in sub-section (1) shall be paid before delivering or causing to be delivered a statement in accordance with sub-section (3) of section 200 or the proviso to sub-section (3) of section 206C(4) The provisions of this section shall apply to a statement referred to in sub-section (3) of section 200 or the proviso to sub-section (3) of section 206C which is to be delivered or caused to be delivered for tax deducted at source or tax collected at source, as the case may be, on or after the 1st day of July, 2012.]    

It is also worthwhile to mention that if delay in filing return is more than 1 Year then Penalty u/s 271H shall be imposed which can be from Rs. 10,000 to Rs. 1,00,000/-

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