Time limit to Deposit TDS and File

TDS Return
Updated on Sep 12, 2017 - 07:18:24 PM
The dates of submitting TDS for every quarter are:

Month of Quarter Due date for TDS Due Date for filing Due Date for filing of
Deduction ending Payment through Challan of Return from the for the financial year
financial year
2016-17 for All
*For Govt. For Other Deductors For Govt. For
Deductor Deductor Deductor Dedu

April 30th June 7th May 31st July 31st July 15th

May 7th June

June 7th July

July 30th 7th August 31st October 31st October 15th

September

August 7th September

September 7th October

October 31st 7th November 31st Jan 31st Jan 15th

December

November 7th December

December 7th Jan

January 31st March 7th Feb 31st May 15th May 15th

February 7th March

 Month of Quarter Due date for TDS Due Date for filing Due Date for filing of
Deduction ending Payment through Challan of Return from the for the financial year
financial year
2016-17 for All
*For Govt. For Other Deductors For Govt. For
Deductor Deductor Deductor Dedu

March 7th April 30th April

*All sums deducted in accordance with the provisions of Chapter XVII-B by an

office of the Government without challan (Treasury Challan) should be
deposited on the same day of deduction.
In case you have not deposited TDS by the correct date, the following penalties are
applicable:

 Late filing fee (if you do not file by the deadline)

 Interest (if you do not deposit the TDS amount in time)
 Penalty (if TDS is not filed within one year of the due date)

Late Filing Fee

Under Section 234E, you will have to pay a fine of Rs 200 per day (two hundred)
until your return is filed. You have to pay this for every day of delay until the fine
amount is equal to the amount you are supposed to pay as TDS.
For example, say that your payable TDS amount is Rs 5000 on 13th May and you
pay it on 17th November (i.e. 189 days, counting 17th November). Then the
calculation comes out to Rs 200 x 189 days = Rs 37800, but since this is greater
than Rs 5000, you will have to pay only Rs 5000 as the late filing fee. Added to this,
you also have to pay interest which is covered in the next section.

Interest
Section Nature of Default Interest subject to TDS/TCS amount Period for which interest is

201A Non deduction of tax 1% per month From the date on which tax d
at source, either in to the date on which tax is act
whole or in part deducted
 Section Nature of Default Interest subject to TDS/TCS amount Period for which interest is

After deduction of tax, 1.5% per month From the date of deduction to
non payment of tax of payment
either in whole or in
part

Note: The above interest should be paid before filing of TDS return.
Under Section 201(1A) for late deposit of TDS after deduction, you have to pay
interest. Interest is at the rate of 1.5% per month from the date at which TDS was
deducted to the actual date of deposit. Note, that this is to be calculated on a
monthly basis and not based on the number of days i.e. part of a month is
considered as a full month.
For example, say that your payable TDS amount is Rs 5000 and the date of
deduction is 13th January. Say you pay TDS on 17th May. Then the interest you owe
is Rs 5000 x 1.5% p.m. x 5 months = Rs 375.
“Month” has not been defined in the Income Tax Act, 1961. However, in a number of
High Court cases, it has been mentioned that it should be considered as a period of
30 days and not as an English calendar month.
This amount is to be paid from the date at which TDS was deducted, not from the
date from which TDS was due.
For example, let the due date of TDS payment be 7th May and you have deducted
TDS on 19th April. Say you have not deposited TDS by 7th May. Then you will be
required to pay interest starting from 19th April and not 7th May.
Also consider the case in which you deposit tax one month after the due date. Say
you have deducted TDS on 1st August. Then the due date is 7th September. Now
say you deposit tax on 8th September (i.e. one day after the due date). Then interest
is applicable from 1st August to 8th September i.e. for a period of 2 months. You
now have to pay interest of 1.5% p.m. x 2 months = 3%.

Penalty

Equals to the amount that was failed to be deducted/collected or remitted may be

imposed.
Prosecution (Sec 276B): If a person fails to pay to the credit of the Central
Government,—

 The Tax deducted at source by him as required by or under the provisions of

Chapter XVII-B, he shall be punishable with rigorous imprisonment for a term
 which shall not be less than three months but which may extend to seven
years and with fine.

Penalty for late filing of TDS return:

 Penalty (Sec 234E): Deductor will be liable to pay way of fee Rs.200 per day
till the failure to pay TDS continues. However penalty should not exceed the
amount of TDS for which statement was required to be filed.
 Penalty (Sec 271H): Assessing officer may direct a person who fails to file
the statement of TDS within due date to pay penalty minimum of Rs.10,000
which may extended to Rs.1,00,000.
 Penalty under this section is in addition to the penalty u/s 234E.
 This section will also cover the cases of incorrect filing of TDS return.

No penalty under section 271H will be levied in case of

delay in filing the TDS/TCS return if following
conditions are satisfied:
 The tax deducted/collected at source is paid to the credit of the Government.
 Late filing fees and interest (if any) is paid to the credit of the Government.
 The TDS/TCD return is filed before the expiry of a period of one year from the
due date specified in this behalf.