Failure to deduct taxes or wrong deduction of TDS (non deposit, short
deposit or late deposit):
Default/
Failure
|
Section
|
Nature
of Demand
|
Quantum
of demand or penalty
|
Failure
to deduct tax at source
|
201(1)
|
Tax
demand
|
Equal
to tax amount deductible but not deducted
|
201(1A)
|
Interest
|
@1
% p.m. of tax deductible
| |
271C
|
Penalty
|
Equal
amount of tax deductible but not deducted
| |
Failure
to deposit tax at source
|
201(1)
|
Tax
demand
|
Equal
to tax amount not deposited
|
|
201(1A)
|
Interest
|
@1.5%
p.m. of tax not deducted
|
|
276B
|
Prosecution
|
Rigorous
imprisonment for a term for a minimum of 3 months which may extend to 7 years
and with fine
|
Failure
to apply for TAN No. u/s
203A
|
272BB
|
Penalty
|
Rs.
10000
|
Failure
to furnish prescribed statements
u/s 200(3)
|
272A(2)(k)
|
Penalty
|
Rs.
100 every day during which the
failure continues subject to maximum of TDS amount
|
Failure
to issue TDS certificate u/s 203
|
272(A)(g)
|
Penalty
|
Rs.
100 every day during which the failure continues
subject to maximum of TDS amount.
|
Failure
to furnish statement of perquisite or profit in lieu
of salary u/s 192(2C)
|
272(A)(i)
|
Penalty
|
Rs.
100 every day during which the failure continues
subject to maximum of TDS amount
|
Failure
to mention PAN of the deductee in the TDS statements and
certificates
|
272B
|
Penalty
|
Rs.
10000
|
If TDS return is not filed within the specified
due dates being 15th July, 2013
for the 1st quarter corresponding to FY 2013-14, the major consequences would be
levy interest.
However in case of payments made under sec.
194A, 194C, 194H, 194I and 194J in respect of individual and HUF, only if the
turnover or professional receipt exceeds sum of Rs. 1 Crore or Rs. 25 Lacs
respectively in previous year, there is a requirement to
deduct tax at source.
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