Failure to deduct taxes or wrong deduction of TDS (non deposit, short deposit or late deposit):
| Default/ Failure | Section |
Nature of Demand | Quantum of demand or penalty |
|
Failure to deduct tax at source |
201(1) | Tax demand | Equal to tax amount deductible but not deducted |
| 201(1A) | Interest | @1 % p.m. of tax deductible | |
| 271C | Penalty | Equal amount of tax deductible but not deducted | |
| Failure to deposit tax at source | 201(1) | Tax demand | Equal to tax amount not deposited |
| 201(1A) | Interest | @1.5% p.m. of tax not deducted | |
| 276B | Prosecution | Rigorous imprisonment for a term for a minimum of 3 months which may extend to 7 years and with fine | |
| Failure to apply for TAN No. u/s 203A | 272BB | Penalty | Rs. 10000 |
| Failure to furnish prescribed statements u/s 200(3) | 272A(2)(k) | Penalty | Rs. 100 every day during which the failure continues subject to maximum of TDS amount |
| Failure to issue TDS certificate u/s 203 | 272(A)(g) | Penalty | Rs. 100 every day during which the failure continues subject to maximum of TDS amount. |
| Failure to furnish statement of perquisite or profit in lieu of salary u/s 192(2C) | 272(A)(i) | Penalty | Rs. 100 every day during which the failure continues subject to maximum of TDS amount |
| Failure to mention PAN of the deductee in the TDS statements and certificates | 272B | Penalty |
Rs. 10000 |
If TDS return is not filed within the specified due dates being 31st July, 2017 for the 1st quarter corresponding to FY 2017-18, the major consequences would be levy interest.
However in case of payments made under sec. 194A, 194C, 194H, 194I and 194J in respect of individual and HUF, only if the turnover or professional receipt exceeds sum of Rs. 1 Crore or Rs. 25 Lacs respectively in previous year, there is a requirement to deduct tax at source.
One reply on “Consequences of TDS defaults”
Hello
i am new to TDS world. Can someone help me by telling more about TDS. Following queries –
1. when to deduct TDS ?
2. by what tim eit need to be deposited ? where to deposit ?
3. apply for TAN ?
4. which Statements must be furnished now ?
5. when and where the returns of TDS to be posted ?