ITR
Late fee for a late TDS statement
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Facts
Sec 234E (now Sec 427) charges ₹200 for every day of delay in filing a TDS or TCS statement, but the total fee cannot exceed the TDS amount in that statement.
Provisions and law
- 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
- Sec 200(3), Income-tax Act 1961 (now Sec 397(3)(b), Income-tax Act 2025)Deductor must file quarterly TDS statements and may file correction statements
Analysis
Example: Q2 FY 2025-26 Form 26Q (now Form 140) was due 31 October 2025 and filed on 9 December 2025, 39 days late, so ₹7,800. If the total TDS in that statement was only ₹5,000, the fee is capped at ₹5,000. The fee is computed by CPC and shows as a default; pay it and tag the challan in a correction statement.
Conclusion
- Count days from the due date to the filing date
- Cap the fee at the TDS amount of that statement
- Pay it under fee for late filing in e-Pay Tax
- Tag the challan in a correction statement
- File future statements on time
The late fee is mandatory once due; it is not waived for small amounts.
A Savvy can do this for you
TDS default, Sec 200A / 201 (now 399 / 398)
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