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Tax Deducted at Source or TDS is a source of collecting tax by Government of India at the time when a transaction takes place. Here, the tax is required to be deducted at the time money is credited to the payee’s account or at the time of payment, whichever is earlier.
In case of payment of salary or life insurance policy, tax is deducted at the time of payment. The deductor then deposits this TDS amount to the Income Tax (I-T) department. Through TDS, some portion of your tax is automatically paid to the I-T department. Thus, TDS is considered as a method of reducing tax evasion.
Tax is deducted usually over a range of 1% to 10%.
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| Amount paid/credited | Due date of TDS deposit | |
| Government Office | Without Challan | Same Day |
| With Challan | 7th of next month | |
| On perquisites opt to be deposited by employer | 7th of next month | |
| Others | In month of March | 30th April |
| In other months | 7th of next month |
Apart from depositing the tax, the deductor should also file a TDS return.
TDS return is a quarterly statement to be given to the I-T department. It is compulsory for deductors to submit a TDS return on time. The details required to file TDS returns are:
TDS return can be filed by employers or organizations who avail a valid Tax Collection and Deduction Account Number (TAN). Any person making specified payments mentioned under the I-T Act are required to deduct tax at source and needs to deposit within the stipulated time for the following payments :
Due dates of TDS Return FY 2018-19 :
| Quarter | Quarter Period | TDS Return Due Date |
| 1st Quarter | 1st April to 30th June | 31st August 2018 |
| 2nd Quarter | 1st July to 30th September | 31st October 2018 |
| 3rd Quarter | 1st October to 31st December | 31st January 2019 |
| 4th Quarter | 1st January to 31st March | 31st May 2019 |
| Particulars | Form No. |
| TDS on Salary | Form 24Q |
| TDS where deductee is a non-resident, foreign company | Form 27Q |
| TDS on payment for transfer of immovable property | Form 26QB |
| TDS in any other case | Form 26Q |
Various forms are used for filing TDS return, depending on the purpose of deduction. These returns have to be in company with a signed verification in Form No. 27A. It is a form that controls the quarterly statements. This has to be filed by deductors together with quarterly statements. It summarizes the control totals of “amount paid” and “income tax deducted at source” which has to match with the totals in TDS return.
Also Read : TDS Return Forms 24Q, 26Q, 27Q, 27EQ: How to Download, Due Dates
An assessee is liable to file e-TDS return if TDS is deducted from his/her income. It is obligatory to file TDS return within the due date mentioned above. In case an assessee does not file the return within the prescribed time, he will be liable to pay a penalty. Following are the assessees liable to file quarterly TDS return electronically:
(a) People whose accounts are Audited u/s44AB
(b) People holding an office under the Government
(c) Company
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The following points are required to be considered to make sure that an error-free TDS return is submitted :
The procedure for the validation of TDS return file is given below:
According to Section234E, if an assessee fails to file his/her TDS Return before the due date, a penalty of Rs 200 per day shall be paid by the assessee until the time the default continues. However, the total penalty should not exceed the TDS amount.
If an assessee has not filed the return within 1 year from the due date of filing return or if a person has furnished incorrect information, he/she shall also be liable for penalty. The penalty levied should not be less than Rs 10,000 and not more than Rs 1,00,000.
Deductors/collectors are required to prepare e-TDS/TCS statements as per these file formats using, NSDL e-Gov. Return Preparation Utility or in-house software or any other third party software and submit the same to any of the TIN-FCs established by NSDL e-Gov. NSDL e-Governance has developed a software called e-TDS Return Preparation Utility (RPU) to facilitate preparation of e-TDS returns. Users must pass the e-TDS/ TCS return file generated using RPU through the File Validation Utility (FVU) to ensure format level accuracy of the file. This utility is also freely downloadable from NSDL e-Gov TIN website.
After submitting the return, if any error is detected, such as incorrect challan details or PAN not provided or incorrect PAN provided, the tax amount credited with the government will not reflect in the Form16/ Form 16A/ Form 26AS.
To facilitate conformity and make sure that the tax amount is properly credited and reflected in the Form 16/Form 16A/ Form 26AS, a revised TDS return has to be filed.
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The following are the different types of corrections that are to be made in order to submit an error-free TDS return:
The above mentioned charges would also be required to be again paid in case a revised return is filed by the deductor.
Revised Return can be filed multiple times to incorporate any changes.
TDS is the tax amount deducted at the time of payment. At the year end, while assessing the total tax liability, there is a difference between the total tax deducted during the year and the actual tax liability. If the tax deducted at the source is less than the actual tax liability, then the difference between the two has to be paid by the assessee. On the other hand, if the tax deducted at source is more than the actual tax liability, it results in TDS refund.
The status of TDS refund can be verified in the following ways:
The excess TDS paid by the assessee gets refunded. The time period of TDS refund amount depends on whether you have filed your income tax return on or before the due date or not. If you have filed it on time, then excess TDS amount will be refunded between three to six months.
According to Section 200A of the I-T Act, 1961, if the income tax department does not pay the TDS refund amount within the specified time period, they will have to pay an interest of 6% p.a. on the refund amount. This interest is calculated from the first month i.e. April of any financial year. However, no interest is applicable if the TDS refund amount is less than 10% of actual tax liability.
Filing TDS return is mandatory as per I-T Act, 1961. Some of its benefits are: