DEFAULTs u/s. 201(1) & MISMATCHEs u/s. 200A

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3 DEFAULTs u/s. 201(1) & MISMATCHEs u/s. 200A Reasons for Default Types of Default How to Correct? What is the Advantage?

4 T HREE Deduct D EE S YSTEM AS PER PROVISIONS OF Ch. XVII-B DEDUCTORS NOT TO INTERPRET AVOID NARROW INTERPRETATIONS CONTACT A.O.(TDS) IN DOUBTS AVOID PENAL PROVISIONS AVOID PROSECUTIONS

5 T HREE D D EE S YSTEM WITHIN DUE DATEs eposit Due date of deposit for Non-Government deductors Type Old due date th TDS for the months of April to 07 of Next month February th TDS on normal entries of 07 of Next month March TDS on Provisional/Credit entries of March th 30 May New Due date th 07 of Next month th 30 April th 30 April

6 T HREE D D EE S YSTEM By FILING TDS STATEMENTS eclare Due date for filing TDS statement up to F.Y F.Y onwards Quarter 1 July 15 July 15 Quarter 2 October 15 October 15 Quarter 3 January 15 January 15 Quarter 4 June 15 May 15

7 Show Cause Notice U/s. 201(1) of I.T. Act, 1961

8 Report on Short deduction/collection

9 Report on Short Payment/Non-Payment

10 Report on Interest Payable on Late Payments

11 Default details Download of default generated in excel format from TIN-NSDL site Facility available for registered TANs Default details contains: List of short deduction records List of short payment records List of late payment records In case default details are not available on NSDL site for one reason or other, please approach the Assessing officer who will provide the same

12 Reasons for Default Steps involved Assessee deposits TDS in Bank Assessee files TDS Return with CIN* & Deductee details Bank Transmits CIN* TIN-NSDL ITD System Processes Assessee files Correction Return Show Cause Notice to Assessee *CIN Challan Identification Number Contains TAN + AMOUNT + DATE OF DEPOSIT + BSR CODE + CHALLAN SR. NO. Match ed? Y E S End NO

13 Possibility of Error while Data Handling BANKS DEDUCTORS CIN Details TAN AMOUNT BSR Code Challan Sr. No. Date of Deposit Computerized Less probable CIN Details + Deductee Details Manual More probable

14 Possibility of Error while Data Handling BANKS (10%) [Assigning Equal Weightage to Each Variables ] TAN TAN Manual : Bank/Assessee AMOUNT Amount BSR Code BSR Code Challan Sr. No. Challan Sr. No. Date of Deposit Date Computerized/Matched Computerized Computerized Computerized

15 Possibility of Error while Data Handling Deductor (90%) CIN Info-Manual TAN AMOUNT BSR Code Challan Sr. No. Date of Deposit Deductee DetailsPAN Section Amount Date of Deduction Date of Deposit Some Common Errors Challan Splitting Challan Combining Wrong TAN/PAN data Wrong Amount Wrong Challan Sr. No. Wrong Date Wrong Section/Sub-section Non-Marking A / P / B / C etc.

16 Challan Splitting If the TDS deducted from two assessees are say Rs 300 and Rs 500/- and paid by a single challan of Rs 800/-, then against both entries in the TDS statement please mention Rs 800/- and corresponding CIN. This problem has been taken care and the software has been recently modified by NSDL. Please do not spilt the payment in the TDS statement

17 Challan combining If the TDS deducted from a assessee is say Rs 1000 and paid by multiple challan of Rs 200/-, Rs 300 and Rs 500, then split the payment into 3 parts as per the TDS payment made while entering in TDS statement. Very often it is noticed that details of one CIN is mentioned in the TDS statements. It would result in short payment Please do not combine the challan but split the TDS payments.

18 Types of Default Non-marking of B for 4th Quarter E-payment after 8:00 p.m. No interest paid in case of delay Late Payment Less interest paid for delayed payment Wrong CIN quoted for Interest Challans Wrong linking of Challan Deductions TDS paid by cheque, realized after due date TDS paid 1 day late, bank holiday on due date.

19 Types of Default Splitting of Challan Combining of Challan Short Payment / NonPayment Practically not paid and applied some dummy CIN Mistake in quoting the CIN* Wrong minor code *Challan Identification Number Contains TAN + AMOUNT + DATE OF DEPOSIT + BSR CODE + CHALLAN SR. NO.

20 Wrong PAN of deductee One of the Major problem resulting in demand is wrong PAN of the deductee. It is advisable to always have copy of PAN card of the deductee. You may verify PAN from NSDL web side in case of doubt. Neither department nor NSDL can suggest any PAN for wrong PAN entered as credit has to go to the correct deductee.

21 Combined payment 194J / 194C in a single challan There had been cases where a combined payments of TDS under section 194C and 194J has been made in a single challan. Please ensure correct date entry i.e. correct code 194C or 194J etc are mentioned, in TDS statements. If the data entry is correct in TDS statements, wrong section code in the challan has no relevance.

22 Rectification of Errors Deductor Files CORRECTION STATEMENT RETURN IS PROCESSED Default Is Removed

23 Rectification of Errors We have received many quarries that though revised statements have been filed, even than NSDL site continue to show the defaults. It is seen that in certain cases system does not process the revised statement automatically. In all such case, effect to revised statement is given by the AO (TDS) by carrying out rectification online. Please approach AO (TDS) for such rectification.

24 Rectification of Errors CORRECTIONS IN e-tds STATEMENT D E D U C T O R S Download consolidated TDS/TCS File. Register your TAN with NSDL (one-time) Log-in to obtain the following: Consolidated TDS/TCS file Form 16A download Default Details Prepare the correction in same File the corrected file with TIN-FC / Online Check the status after filing statement / revised statements.

25 e-tds/tcs Statements Key points Check status of CHALLANS at TIN website Check status of TDS STATEMENTS at TIN website Original return should HAVE BEEN accepted at TIN File correction return to make changes in the TDS /TCS return filed (original return should be accepted)

26 How to issue certificate where there is no PAN. One of question which is asked very often by deductors is how to issue certificate to the deductee wherein TDS is deducted at higher rate and deductee has NO PAN. Usually such persons are Non Resident. They want certificate to enable them to claim credit of such TDS in their returns of the income in their respective country. In such case, you may issue a certificate in declaration form To whom so it may concerned. System will not issue TDS certificate where there is no PAN.

27 Person with NO PAN but TDS at lower rate as per DTA how handle?. There may a case wherein a person mainly Non Resident having no PAN and claims TDS to be made at lower rate as per DTA. Since there is no PAN, TDS is required to be done at higher rate. How to handle such cases? In all such case, please request such person to obtain PAN, otherwise TDS has to be made at higher rate.

28 Defaults which can be removed by AO only PAN correction beyond 2 digits though PAN will be updated in system, but the demand on account of short deduction can be removed by respective Assessing Officer only Invalid PAN subsequently corrected though PAN gets updated in the system, very often corresponding demand on account short deduction does not. Such demand can be corrected by Assessing Officer

29 Defaults which can be removed by AO only In case of especially Banks / branches where the salary is not centralized, if an employee get transferred from one branch to other branch, very often short deduction is worked out by the system in respect of Form 24Q filed for 1st or 2nd or 3rd quarter. In all such cases, please approach the Assessing Officer at TDS section who will remove the demand after verifying the details.

30 Defaults to be removed by AO only. There is short deduction in respect of tax calculation on salary of Senior Citizen. This is software related problem. Please approach respective Assessing Officer who can remove such defects.

31 Prosecution notices Wherever there is delay of more than 12 months in making payment of TDS of more than Rs 1 lacs, prosecution u/s 276B have been initiated. However if the assessee can establish that it deducted TDS only after 12 months and paid immediately say within 2 to 3 days, the prosecution u/s 276B may not lie. It has to be established with documentary evidences.

32 Form 26AS Please make a point to view Form 26AS periodically (once in every quarter) to see whether it got all the credits and to observe whether there is any UNWANTED credit. If any unwanted credit is appearing, please take a immediate step to bring to the notice of department. Please do not ignore any unwanted credit appearing in 26AS.

33 For Details on e-tds Statements & Various Other Queries Please Log On To

34 For System Related Suggestions requiring intervention by Board Please Write to CIT (TDS), MUMBAI

35 for being such a wonderful audience.