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TDS Return


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About TDS Return

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. TDS returns are periodic statements that taxpayers are required to submit to the Income Tax Department. These returns contain details of TDS deducted and deposited with the government during a specific period. The process of filing TDS returns is crucial for businesses as it ensures transparency and accountability in tax deductions.

Benefits

  • It helps in regular collection of taxes
  • Ensures a flow of regular income to the government
  • Reduces the burden of lump-sum tax payment. It helps in spreading the entire tax payment over a number of months which makes it easier for the taxpayer
  • Offers an easy mode of tax payment to the payer.

Due Dates

  Amount paid/credited Due date of TDS depositedeposit
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

DOCUMENTS REQUIRED FOR REGISTRATION

  • Identity Proof : PAN card, Aadhar card, Passport, Voter ID, or Driving License of the proprietor.
  • Address Proof : Utility bills (electricity, water, or gas), Aadhar card, Passport, or Voter ID.
  • Business Name Registration : If operating under a business name, proof of registration of the trade name may be required.
  • Bank Statement :Bank statement or canceled cheque of the proprietor's personal account.
  • Additional Permits : Depending on the nature of the business, specific permits or licenses may be necessary.
  • Partnership Deed :A legally drafted partnership deed outlining the terms and conditions of the partnership.
  • Tax Registrations : GST registration certificate, if applicable.
  • Professional Tax Registration :State-wise professional tax registration, if required.
  • Employee-related Registrations : Provident Fund (PF) and Employee State Insurance (ESI) registration, if applicable.
  • Industry-specific Licenses:Permits or licenses required for specific industries, such as food license, drug license, etc.
  • Address Proof : Utility bills, Aadhar card, Passport, or Voter ID of all partners.
  • Business Name Registration: Proof of registration of the partnership firm's name, if applicable.
  • Bank Statement: Bank statement or canceled cheque of the partnership firm's bank account.
  • Additional Permits :Industry-specific licenses or permits, if required.
  • Incorporation Document: LLP Agreement along with Form 2 filed with the Registrar of Companies (RoC).
  • Identity Proof :PAN card, Aadhar card, Passport, Voter ID, or Driving License of all partners.
  • Address Proof: Utility bills, Aadhar card, Passport, or Voter ID of all partners.
  • Business Name Registration : Proof of reservation of LLP name and incorporation certificate.
  • Bank Statement: Bank statement or canceled cheque of the LLP's bank account.
  • Registered Office Address Proof : Rental agreement or ownership document of the registered office.
  • Additional Permits :Industry-specific licenses or permits, if required.
  • DIN (Director Identification Number): DIN of designated partners.
  • Digital Signature Certificate :DSC of designated partners for filing forms with RoC.
  • Memorandum and Articles of Association: MOA and AOA signed by the promoters.

Due Dates

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

Penalty

Return filing is mandatory under GST. Even if there is no transaction, you must file a Nil return.

Interest is 18% per annum. It has to be calculated by the tax payer on the amount of outstanding tax to be paid. Time period will be from the next day of filing to the date of payment.

As per GST Act Late fee is Rs. 100 per day per Act. So it is 100 under CGST & 100 under SGST. Total will be Rs. 200/day. Maximum is Rs. 5,000. There is no late fee on IGST.

Late fees for GSTR-3B of July, Aug and Sept waived. Any late fees paid for these months will be credited back to Electronic Cash Ledger under ‘Tax’ and can be utilized to make GST payments.

As per latest update, late fees for GSTR-5A earlier reduced stands withdrawn. So, the Late fee of Rs 200 per day (or Rs. 100 per day in case of NIL return filing) shall apply with effect from 7th March 2018.

Late Fee for filing GSTR-1, GSTR-3B, GSTR-4, GSTR-5 & GSTR-6 after the due date has been reduced to Rs. 50 per day of delay.

Late fee for filing NIL returns have been reduced to Rs. 20 per day of delay for taxpayers (i.e having Nil tax liability for the month) for GSTR-1, GSTR-3B and GSTR-4 & GSTR-5.

REGISTRATION PROCESS

Embarking on the journey of business registration demands meticulous planning and adherence to legal protocols. Understanding the registration process and its sequential steps is pivotal for a seamless transition from conception to establishment. Here's a comprehensive guide delineating the step-by-step process of business registration:

Frequently Asked Questions

Annual e-TDS/TCS return is the TDS return under section 206 of the Income Tax Act (prepared in Form Nos. 24, 26 or 27) or TCS return under section 206C of the Income Tax Act (prepared in Form No. 27E), which is prepared in electronic media as per prescribed data structure. Such returns furnished in a CD/Pen Drive should be accompanied by a signed verification in Form No. 27A in case of Annual TDS returns or Form No. 27B in case of Annual TCS return

TDS/TCS returns filed in electronic form as per section 200(3)/206C, as amended by Finance Act, 2005, are quarterly TDS/TCS statements. As per the Income Tax Act, these quarterly statements are required to be furnished from FY 2005-06 onwards. The forms used for quarterly e-TDS statements are Form Nos. 24Q, 26Q and 27Q and for quarterly e-TCS statement is Form No. 27EQ. These statements filed in CD/Pen Drive should be accompanied by a signed verification in Form No. 27A in case of both e-TDS/TCS statements.

As per Income Tax Act, 1961, all corporate and government deductors/ collectors are compulsorily required to file their TDS/TCS returns on electronic media (i.e. e-TDS/TCS returns). However, deductors/collectors other than corporate/government can file either in physical or in electronic form.

All Drawing and Disbursing Officers of Central and State Governments come under the category of Government deductors.

An e-TDS return should be filed under Section 206 of the Income Tax Act in accordance with the scheme dated August 26, 2003 for electronic filing of TDS return notified by the Central Board of Direct Taxes (CBDT) for this purpose. CBDT Circular No. 8 dated September 19, 2003 may also be referred.

An e-TCS return should be filed under Section 206C of the Income Tax Act in accordance with the scheme dated March 30, 2005 for electronic filing of TCS return notified by the CBDT for this purpose. As per section 200(3)/206C, as amended by Finance Act 2005, deductors/ collectors are required to file quarterly TDS/TCS statements from FY 2005- 06 onwards.

CBDT has appointed the Director General of Income Tax (Systems) as e-Filing Administrator for the purpose of electronic filing of TDS/TCS returns.

BDT has appointed National Securities Depository Limited, (NSDL), Mumbai, as e-TDS/TCS Intermediary. NSDL has established TIN Facilitation Centres (TIN-FCs) across the country to facilitate deductors/ collectors file their e-TDS/TCS returns.

NSDL has made available a freely downloadable return preparation utility for preparation of e-TDS/TCS returns. Additionally, you can develop your own software for this purpose or you may acquire software from various third party vendors. A list of vendors, who have informed NSDL that they have developed software for preparing e-TDS/TCS returns, is available on the NSDL-TIN website.

Forms for filing TDS/TCS returns were notified by CBDT. These forms are same for electronic and physical returns. However, e-TDS/TCS return is to be prepared as a clean text ASCII file in accordance with the specified data structure (file format) prescribed by ITD.

Yes, it is mandatory to mention the 10 digit reformatted (new) TAN in your e-TDS/TCS return.

No. A single Form No. 26Q with separate annexures corresponding to each challan payment for each type of payment has to be filed for all payments made to residents.

Yes. Challan Identification Number is necessary for all non-Government deductors.

PAN of the deductors has to be given by non-Government deductors. It is essential to quote PAN of all deductees failing which credit of tax deducted will not be given.

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