Answer

ITR

Interest for late deduction or late payment of TDS

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  1. Facts

    Under Sec 201(1A) (now Sec 398(3)), interest is 1% a month or part of a month from the date TDS was deductible to the date it was deducted, and 1.5% a month from the date it was deducted to the date it was paid.

  2. Provisions and law

    • Sec 201(1A), Income-tax Act 1961 (now Sec 398(3), Income-tax Act 2025)Interest at 1% a month for late deduction and 1.5% a month for late payment after deduction
    • Sec 201, Income-tax Act 1961 (now Sec 398, Income-tax Act 2025)A deductor who fails to deduct or pay TDS is treated as an assessee in default
  3. Analysis

    Each part of a month counts as a full month. Example: TDS of ₹20,000 deducted on 25 June but paid on 10 August (due 7 July). Interest is 1.5% for June, July and August, that is 3 months, so ₹900. If the TDS was deductible in May but deducted in June, add 1% for the late deduction period too. Pay the interest through a challan for the same TAN, year and section.

  4. Conclusion

    1. List deduction, deposit and due dates for each payment
    2. Count months, treating part months as full
    3. Compute 1% and 1.5% interest separately
    4. Pay through e-Pay Tax for the right year and section
    5. Tag the interest challan in a correction statement

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TDS default, Sec 200A / 201 (now 399 / 398)

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