ITR
Avoiding the Sec 271H penalty for a late TDS statement
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Facts
Yes. Sec 271H (now Sec 461) allows a penalty of ₹10,000 to ₹1 lakh for not filing a TDS statement or filing wrong details. No penalty applies if the TDS, interest and late fee are paid and the statement is filed within one year of the due date.
Provisions and law
- Sec 271H, Income-tax Act 1961 (now Sec 461, Income-tax Act 2025)Penalty of ₹10,000 to ₹1 lakh for not filing or filing an incorrect TDS statement
- Sec 234E, Income-tax Act 1961 (now Sec 427, Income-tax Act 2025)Late fee of ₹200 a day for a late TDS or TCS statement, capped at the TDS or TCS amount
Analysis
This penalty is separate from the ₹200 a day fee. Example: Q4 FY 2025-26 statement due 31 May 2026; filing it by 31 May 2027 after paying TDS, interest and fee protects you from Sec 271H. After one year, the officer can levy the penalty. Wrong PANs or amounts can also attract it, so file accurate statements.
Conclusion
- List any pending statements and their due dates
- Pay all TDS, interest and late fee first
- File the statement before one year from the due date
- Keep the challans and filing acknowledgements
A Savvy can do this for you
TDS default, Sec 200A / 201 (now 399 / 398)
₹4,999
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