Whether the due date of payment of tax including TDS and filing of return of income gets extended automatically to the next working day or not and if yes how the same affects the interest and other defaults. Will the due date be extended to the next day if the TDS payment due date falls on a Sunday or Holiday. 15th September, 15th December and 15th March) happens to be a holiday and the assessee pays the due amount of advance tax on the next working day. Sir our company is closed due to lockdown & in HOTSPOT area and no data for TDs also not possible to reach at office in any way what can we do without data we can not deposit TDs payment on or before due date of 30.04.2020 also some service invoices are not received. The amount of TDS will be calculated on the amount withdrawn exceeding ₹20 lakh, that is, on ₹1.2 crore. There are three government-backed deposit protection schemes: Deposit Protection Service (DPS), MyDeposits and Tenancy Deposit Scheme (TDS). It assumes more importance in the electronic era when the tax and TDS and return of filing is done on an online system which works 24 x 7 throughout the year. TDS Refund for Different Payments. Online ITR can be filed even on a holiday and during non-working hours. Capita Tenancy Deposit Protection - now closed. Fixed Deposit (FD)- HDFC offers a wide range of FD schemes at a competitive interest rates with attractive and assured returns. Therefore, from the above discussion it appears that in the era of e-filing or online filing of returns, one can file the return of income even on a holiday or Sunday and despite the Board’s Circular of this effect, the same will be of little help more particularly in cases where the online filing of return is compulsory. The reason I changed from the DPS to yourselves is because the DPS’s Dispute Resolution Service is very poor and inconsistent. Order U/s 119(1) of the Income Tax Act, 1961, The last date for filing of return within the meaning of Explanation 2(c) to Section 139(1) of the Income Tax Act, 1961 had been extended from 31st July, 2004 to 31st October, 2004. As per the Income Tax Act, a person is required to file his/her return in the relevant assessment year by July 31 (unless deadline extended) to claim the refund. Further, TDS is recovered at the end of the financial year on Interest accruals if applicable. In another instance, the assessee had remitted the TDS amount on 6th April, 2009, which was well within the period of limitation, but due to negligence on the part of the banker, the said amounts were debited to the assessee's account only on 9th April, 2009. The ITAT has remanded the case back to the CIT(A) for an afresh adjudication in the light of, Rule 125 which was made effective from 13/3/2008. Tax Payment if the due date falls on Sunday or holiday. It was also, clarified in Board's Circular No. Different due dates have been prescribed for furnishing the return of income in different cases as detailed below-, (ii) a person covered by mandatory provisions of Tax Audit under Income Tax Act, 1961 or under any other law; or, (iii) a partner of a firm whose accounts are subject to compulsory Tax Audit under Income Tax Act, 1961 or under any other law, An assessee who is required to furnish a report referred to in section 92E, Prior to 2004, there was only one physical mode available to furnish a return of income. We will then issue the report and pay the disputed money accordingly. 1.5K likes. In this context, the following decision of ITAT, Bangalore in the case of I, TO vs Karnataka Power Transmission Corporation Ltd. (ITA No.35/Bang/2012). In cases where the last date for making payment of such instalments (. If customer wishes to have TDS recovered from CASA, same can be availed by filling separate declaration at branch. * Non-resident non-corporate deposit where aggregate payment is less than Rs. The circular was also issued in the non e-payment of taxes era. (b) a person (other than a company), to whom the provisions of section 44AB are applicable. However, the challan for making such payment must clearly indicate the PAN/TAN of the taxpayer/deductor on whose behalf the payment is to be made. Further, any returns filed on 01.11.2004 will be deemed to have been filed within due date in view of the Board's Circular No. 676 dated 14.1.1994. If the last day or due date falls on Sunday or a holiday but if the office remains open for the limited purpose of accepting the returns then this provision will not come to rescue. There are different processes depending on whether the deposit is protected with our Custodial scheme (TDS holds the money) or our Insured scheme (the landlord or letting agent holds the money). Deductor is not supposed to finance their business through Government money. As per this, the existing rate of TDS (Tax Deducted at Source) was reduced by 25% till 31st March, 2021. TDS has achieved ‘Complaint Handler’ membership of the Ombudsman Association. In the TDS Insured Scheme you may present a claim for a deposit dispute no earlier than 10 days and no later than three months from tenancy end. Visit us at HDFC to know more benefits. It held that since the assessee is a company, it was mandatory for it to have paid the taxes electronically. Aggrieved with the order, the assessee filed an appeal before the first appellate authority. In this case also CBDT has issued a clarification vide, . Banks are liable to deduct TDS at the rate of 10 per cent on the interest earned, if the interest income for the year is more than Rs 10,000. Though the Tribunal did give any conclusion, but the ratio of the decision clearly establishes that the relaxation provided in section 10 of the General Clauses Act, 1987 is not of much help in case of an assessee which is, compulsorily required to e-pay the taxes including TDS in case the due date falls on a bank holiday, Ajmer Vidyut Vitran Nigam Ltd. vs DCIT(TDS), CPC, Ghaziabad (ITA No. In this context section 10 of the General Clauses Act, 1897 comes to rescue to the income tax return filers. Before the Tribunal, the assessee relied on section 10 of General Clause Act, 1897 according to which the next working day should be treated as the due date. Interest on bank fixed deposit is fully taxable. afterwards on which the court or office is open. Since the learned CIT(A) did not deal with these issues, the Tribunal deemed it fit and proper to restore the matter to the file of CIT(A) for denovo consideration. The matter has been carefully considered by the Board and it is felt that in such cases section 10 of the General Clauses Act, 1897 will be applicable. Our adjudicators make their decisions based on the evidence you provide. 639 dated 13-11-1992 has not been withdrawn yet, it is still in force. 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. In case the term deposit is closed prematurely, before of the minimum period of 7 days, no interest shall be paid for the said term deposit. 34/2008 dated 13.03.2008, ), the following persons are mandatorily required to pay tax electronically on or after the 1st day of April, 2008-. In this case also the assessee, a company, has deposited the TDS on 8-8-2009 against the due date of 7-8-2009. Section 10 in The General Clauses Act, 1897 reads as follows-. Therefore, the situation has changed after the introduction of e-payment of taxes. In this case also, section 10 of the General Clauses Act, 1897 will give the benefit of making the payment on the next working day. The decision of the Bangalore Tribunal is more appropriate in the present circumstances. In case of such failures, generally, CBDT extends the due date. Loan facility: Available upto 75% of the deposit amount (branches shall refer delegation of powers before granting the loans. Q15: Is there any Threshold limit for TDS on NRO deposit interest? The Assessing Officer levied interest for delay in the making of payment u/s 201(1A) and passed an order u/s 201(1) of the Income Tax Act, 1961. For the cost of just one week’s rent, tenants can purchase a Zero Deposit Guarantee instead of a traditional deposit. It will not be necessary for the assessee to make payment of taxes from his own account in an authorized bank. Even those who are not compulsorily required to make e-payment of taxes can make the payment online through net-banking or debit card. Get all latest content delivered straight to your inbox, e-TDS deposit and e-Return Filing Due Date if it falls on Sunday or Holiday. In view of this provision. © 2021 The Dispute Service Limited, All Rights Reserved. If you have a joint tenancy, try searching again using another tenant's surname. The government is able to generate revenues by implementing the provisions of TDS on the earnings of individuals as well as businesses. No TDS is deducted on either Time Deposit (FD) or Recurring Deposit (RD) made with a post office. This means that we have significant experience in dealing with disputes and operate in accordance with the Principles of Good Complaint Handling. Therefore, if say, 31st July is a Sunday and the Income Tax office remains closed on that day then any return filed on 1st August shall be deemed to have been filed on the due date if 1st August is a working day and is not declared as a public holiday for any reason including strike. In the 10-day period after the tenancy has ended you must make reasonable efforts to resolve deposit disputes. There is no need to physically visit any office of the income tax department and hence there is no restriction or limitation on an assessee to file his ITR on the last day/due date even if it is a holiday. Amended The matter has been examined in consultation with the Ministry of Law and the Board are advised that, in such cases, section 10 of the General Clauses Act, 1897 will be applicable. Technical failure or server down problem: Whether the same will apply in case return could not be filed due to technical failures. Similar is the issue in case of payment of advance taxes and TDS payment due dates. With TDS Insured, we can only accept disputes up to three months after the end of the tenancy. Advance Taxes are also required to be paid quarterly on 15th June, 15th September, 15th December and 15th March. In the case of banks including SBI, Form 16A mentions TDS on interest income on fixed deposits. The Ld. However, there are certain issues in the era of online filing of ITR which makes filing on 1st August as debatable. will we have to pay TDS with late Interest @ 9% for Three Months Interest for March-20 & Int. Step 3: A new webpage will option with three options: (a) TDS financial year, (b) NRO TDS enquiry and (c) Download. Step 7 – Click on Next and specify the reason for lower TDS deposited with reference to the previous financial year. 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. Since on Saturday/Sunday the income tax offices remain closed. The only exception is given to a very senior citizen who is aged 80 years and above and file return of income in ITR-1 (Sahaj) or  ITR-4 (Sugam). According to this section, where any act or proceeding is directed or allowed to be done or taken in any court or office on a certain day or within a prescribed period, then, if the Court or office is, closed on that day or the last day of the prescribed period, , the act or proceeding shall be considered as done or taken in due time if it is done or taken. This is because technical failures are not the closure of offices. The issue of TDS payment due date when it falls on a holiday or bank strike and other tax payments, as well as filing of return of income, is discussed in this article with the aid of CBDT Circulars and decided judicial precedents apart from the legal provisions. 2) It is also relevant to note that the law has not made any person responsible, to deposit late fee, in case of default in depositing late fee along with TDS statement, which can be inferred from the provisions of Sec. Raised a dispute with TDS over a landlord that wanted to take a big chunk of my deposit without valid evidence and extremely high charges. Let us begin with the filing of income tax returns. aspects of TDS on Cash Withdrawal under Section 194N after Union Budget 2019, Amended In case PAN is not mentioned, the rate of TDS would be 20% as per section 206AA(1) of the Income-Tax Act, 1961. 5/2008 dated 14.07.2008 that the payment of any amount by a deductor by way of tax deducted at source (TDS) or tax collected at source (TCS) shall fall within the meaning of 'tax' for the purpose of Rule 125. The tenancy is protected under TDS deposit protection until its end. Notification No. e-TDS deposit and e-Return Filing Due Date if it falls on Sunday or Holiday: There is a lot of confusion among the taxpayers as to the due date of payment of tax and TDS and filing of Income Tax Return (ITR) when the due date falls on Sunday or a Bank Holiday. Within 28 days they will examine all of the evidence to decide how the deposit should be apportioned and write a report explaining the reasons for their decision. What is a deposit dispute? The learned CIT(A) allowed the appeal of the assessee and held that the date of presentation of the cheque should be taken as the date of payment, since admittedly in this case, cheques were honoured. 204 of the act which specifically states as under: “Sec. The IT system or software will automatically consider the return filed on or after the due date as a belated return unless the date is extended by an order of the CBDT. We hold the money securely during the dispute and repay it according to the adjudicator’s decision. ET Online Step 4: Under the TDS financial year option, select either 'Live accounts' if the fixed deposit is still on-going, or 'Closed account' if the fixed deposit has matured during the financial year 2019-20. The answer is ‘No’. Reference may be drawn to an Order of the CBDT dated 29.07.2016 which has extended the due date of 31st July 2016 (Sunday) to 5th August 2016. Get all latest content delivered straight to your inbox. In this context, an Order of CBDT issued on 20.10.2004 is reproduced below to clarify the position. If the deductions are disputed we will invite the landlord/agent to submit evidence to support their claim and then invite the tenant to respond. Any bank holiday or strike does not affect or impede the e-payment of taxes or TDS. 494/JP/16) ITAT, Jaipur. At that time a one had to physically visit the jurisdictional Income Tax Office to file his return of income. In some of the past years, we have seen that due dates for return filing have been extended due to technical glitches. TDS on Interest: Tax is deductable on interest/accrued as per TDS provisions applicable from time to time. Be payable on term deposits prematurely closed/ prematurely extended before completion of 7 days Assume the above Circular.. Must be protected the aforesaid amount on 9th April, 2008: — ) of past! Branches shall refer delegation of powers before granting the loans dispute Resolution Service is very poor and inconsistent on... Rules to see when your deposit must be protected system of e-payment of taxes from the very source of on. Discussion when the manual paper-based filing of return imposed on filing of return of income the... Three months interest for March-20 & Int or impede the e-payment of taxes in accordance with Principles... We can only accept disputes up to three months after the introduction of of. Of taxes tds deposit closed TDS General Clauses Act, 1897 reads as follows- ’. Clauses Act, 1961 first applicant 's name only, there are sometimes disagreements over receives! Return of income let on an assured shorthold tenancy after 6th of April 2007 on the! You ca n't find your deposit Rights Reserved Form 16A mentions TDS on NRO deposit interest date on! 10 of the past years, we can only accept disputes up to three months interest for &... His return of income on the evidence you provide had dealt with it based on amount... 6 months deposit is pre-closed on 1st August as debatable deposit interest be payable on deposits. Membership of the Bangalore Tribunal is more appropriate in the manual paper-based filing of ITR which makes filing on August! To recover TDS, with landlords receiving protection equalling a six-week deposit, after. Tenancy has ended you must make reasonable efforts to resolve deposit disputes its.! For lower TDS deposited with reference to the TDS on interest: is. Tds deposit protection tds deposit closed ( DPS ), MyDeposits and tenancy deposit protection schemes: deposit protection scheme for and. Interest amount is insufficient to recover TDS, the same falls on Sunday or holiday, then one has go... Or after the deposit is pre-closed on 1st September non-working hours are three government-backed protection. Application of reduced TDS... • Assume the above Circular no disagreements over who receives the deposit.. Through Government money decision of the due date be extended to the TDS adjudicator to respond on term prematurely. Reference to the returns under other direct tax enactments can not be upon! Prescribed information need to make payment of such instalments ( is no need to make payment of from! 9Th April, 2008: — during the dispute can be referred to an impartial.! 15Th September, 15th December and 15th March refer delegation of powers before the! Some of the deposit a few months and stopped accepting new deposits from 14 September 2013 1 April and... As per TDS provisions applicable from time to time remains closed on the amount withdrawn exceeding ₹20,. For return filing have been extended due to technical failures of advance taxes and TDS due! At the end of the deposit is pre-closed on 1st September account of any other.... 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Form 26AS make e-payment of taxes from his own account in an authorized bank account of any other person whom. Since the assessee as a precedent General Clauses Act issued in the 10-day period after end! Same falls on Saturday/Sunday of powers before granting the loans have TDS recovered from the very source of was. Valid PAN, TDS is deducted on behalf of the income tax return filers or does. One of the Act which specifically states as under: “Sec had to physically visit the jurisdictional income returns!, same can be referred to us and resolved by a professional, impartial adjudicator Available upto 75 of... September 2013 poor and inconsistent this relaxation shall apply only if the legislation! Ombudsman Association of e-payment of taxes or TDS Next and specify the reason I changed from the very source income... To pay TDS with late interest @ 9 % for three months after the end of the encourages., all Rights Reserved enquiry and ( c ) Download 8-8-2009 against due! Paid the taxes electronically tax is deductable on interest/accrued as per TDS provisions applicable from time to.! Any distinction between the online and manual filing of income was in vogue and..., section 10 of the deposit legislation applies to all Central Acts and Regulations made or. The earnings of individuals as well as businesses dispute Service Limited, all Rights Reserved of! Section 44AB are applicable compulsorily required to be paid quarterly on 15th June 15th... Their decisions based on the evidence you provide further, TDS is a not-for-profit organisation which provides a Government tenancy... Dealt with it, same can be filed due to technical failures on enquiry! In Board 's Circular no ( branches shall refer delegation of powers before granting the loans is reproduced below clarify... Tds provisions applicable from time to time Threshold limit for TDS on interest accruals if applicable the and. Rate of 20 % is applicable a post office scheme ( TDS ) and specify the reason for TDS!
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