Basic provisions relating to due date for payment of TDS

The various items of payment on which tax is to be deducted by the payer has been provided  in Section 192 to 195. The tax deducted by the payer (i.e., a non-Government payer) has to be paid to the credit of the Government as follows:

Tax deducted during the month of April to February should be paid to the credit of the Government on or before 7th  day of the next month.

Example 1: Tax deducted on 25th April, 2018 has to be deposited to Government’s account by 7th of May, 2018
Example 2: Tax deducted on 15th December, 2018 has to be deposited to Government’s account by 7th of January, 2019.

Tax deducted during the month of March should be paid to the credit of the Government on or before 30th of April.

Example: Tax deducted on 15th March, 2018 has to be deposited to Governments account by 30th of April, 2018.

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TDS/TCS Statement – Online Filing

      1 Comment on TDS/TCS Statement – Online Filing

Steps for filing TDS/ TCS Statement online:

Step – I

The data structure (file format) in which the e-TDS / e-TCS return is to be prepared has been notified in https://www.tin-nsdl.com/services/etds-etcs/etds-rpu.html

Step – II

e-TDS/e-TCS return in accordance with the file formats is to be prepared in clean text ASCII format with ‘txt’ as filename extension. e-TDS/e-TCS return can be prepared using Return Preparation Utility provided by NSDL or any other third party software

Step – III

Once the file has been prepared as per the file format, it should be verified using the File Validation Utility (FVU) provided by NSDL

Step – IV

In case the file has any errors the FVU will give a report of the errors. Rectify the errors and verify the file again through the FVU.

Step – V

Generated .fvu file can be submitted at TIN-FC or uploaded at http://incometaxindiaefiling.gov.in/ website. The link below takes you to a user manual which  guides you to Upload the statement.

Click here to view TDS Statement Upload/View – User Manual.

For Online upload of TDS/TCS Statement, registration of organisation at http://incometaxindiaefiling.gov.in/ is mandatory

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Exception from online filing of application under section 197 and 206C (9) in the cases of NRIs and resident applicants

Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes


New Delhi, 24th December, 2018

PRESS RELEASE

Exception from online filing of application under section 197 and 206C (9) in the cases of NRIs and resident applicants

The Central Board of Direct Taxes has decided to allow exception from online filing of application under section 197 and 206C (9) in the cases of NRIs and resident applicants.

Vide Notification No. 74/2018 dated 25.10.2018, Rule 28 of the Income Tax Rules, 1962 was amended to prescribe electronic filing of application for lower deduction or no deduction under section 197 of Income Tax Act, 1961 using digital signature or EVC. Similar changes were also made in Rule 37G to prescribe electronic filing of application under section 206C (9) for lower or nil rate of tax collection at source (TCS). The functionality for online filing has since been made available by CPC-TDS through TRACES portal. Form No. 13 is the common form for application under section 197 and 206C (9).

For proper administration of the provisions of section 197 and 206C (9) and to remove genuine hardship being faced by certain applicants in filing online application in Form No. 13, the Central Board of Direct Taxes by virtue of the powers conferred under section 119(1) of the Income Tax Act has:

  • allowed non-resident Indians (NRIs), who are not able to register themselves on TRACES, to file manual application in Form No. 13 before the TDS officer or in ASK Centers till 31.03.2019.
  • (ii) allowed resident applicants to file manual application in Form No. 13 before the TDS officer or in ASK Centers till 31.12.2018.

(Y. D. Sharma)
Commissioner of Income Tax
(Media & Technical Policy)
Official Spokesperson, CBDT

Source: Income Tax

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Kerala High Court stays collection of GST on TCS (Income Tax) in the matter of PSN Automobiles Private Limited Vs. UOI & CBIC (Kerala High Court at Ernakulam)

CBIC vide Circular No. 76/50/2018-GST dated 31st December, 2018 clarified that taxable value for the purposes of GST shall include the TCS amount collected under the provisions of the Income Tax Act since the value to be paid to the supplier by the buyer is inclusive of the said TCS

Against this clarification present writ been filed and Kerala High Court has stayed the computation of GST on TCS amount vide Order dated 17th January 2019 till disposal of the petition.  

Petitioner, has submitted that the amount of 1% the dealer collects from the purchaser of a car worth that is priced at more than Rs. 10 lacs under Section 206C(1F) of the Income Tax Act, cannot be treated as an integral part of the value of the goods and services supplied by the petitioner. According to him, the petitioner, as the dealer of the motor vehicle, acts only as an agent for the State to collect the income tax under Section 206C(1F) and such amount ultimately is credited to the vehicle purchaser.

Click here to download Full Text of Judgement

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