Consequences of TDS defaults

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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. 200 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 January, 2019 for the 3rd quarter corresponding to FY 2018-19, 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.

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Calculation of Late Payment Interest

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If the tax is deducted on 8th June it becomes due on 7th of next month i.e. 7th July (except for March for which it is 30th April), if this tax is deposited on 10th July to the government’s account i.e. not before 7th of July then it attracts interest at the rate of 1.5% per month or part of the month i.e. 2 months in this case, as it attracts interest from 8th June totalling to 3% of the amount.

Difference between Late Payment & Late Deduction

Interest on Late Payment of TDS

Interest on Late Deduction of TDS

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Calculation of Late Deduction Interest

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If tax was deductible on 2nd June (i.e. at the time of giving credit or actual payment of the dues whichever is earlier) but was deducted on 3rd  June then the interest charged would be 1% of the amount for the late deduction.

Difference between Late Payment & Late Deduction

Interest on Late Deduction of TDS

Interest on Late Payment of TDS

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Difference between Late Payment & Late Deduction

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The difference between late payment and late deduction:

Late payment: After the tax is deducted at source it has to be deposited into the government account by 7th of the next month (except March for which it is 30th April). If it is deposited later than the due date, late payment interest is charged. The rate of interest for late payment is 1.5% per month or part of a month of the delay.

Late deduction: If the tax is deducted later than the date on which it was deductible i.e. either at the time of giving credit or at the time of payment of the dues, whichever is earlier, late deduction interest is charged. The interest for late deduction is at the rate of 1% per month or part of a month of the delay.

Calculation of Late Payment Interest

Calculation of Late Deduction Interest

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