TDS ( tax deducted at source) payment is one of the important task in finance due to heavy interest on late payment of TDS and heavy fees on late filling of TDS return.

In this post, you will learn following points:

- how to calculate interest on late payment of TDS u/s 201 (1A),
- How to calculate interest on late deduction of tax deducted at source
- How to calculate fees and penalty for late filling of tds return.

## HOW to calculate interest on late payment of TDS u/s 201 (1A)?

To understand about calculation of interest on late payment of TDS, we first require to know due date of TDS deposit and interest on late deduction of tds.

### DUE date of TDS deposit:

Quarter | Ending on | TDS payment due date- for non government deductor | TDS payment due date for government deductor-paid without challan | TDS payment due date for government deductor-paid with challan |

April to June | 30th June | 7th july | date of deduction | 7th July |

July to Septeber | 30th speteber | 7th octover | date of deduction | 7th october |

October to December | 31st December | 7th january | date of deduction | 7th january |

January to March | 31st March | 30th April | date of deduction | 7th April |

### Interest for late deduction of tds :

Interset for late deduction of TDS is also leviable if deductor do not deduct TDS while making payment. The interest rate is 1% per month or part of month for the period of delay.

Example for calculation of interest for late deduction tds:

Payment to party | TDS amount | Deduction of TDS | Delay in deduction | Calculation | Interest |

01/01/2015 | 10000 | 04/01/2015 | 1 month | 10000*1*1% | 100 |

22/02/2014 | 10000 | 28/05/2015 | 4 months | 10000*4*`1% | 400 |

22/03/2014 | 100000 | 23/03/2015 | 1 month | 100000*1*1% | 1000 |

22/02/2014 | 10000 | 22/02/2014 | 0 | 0 | 0 |

#### Section 201(1A):

Now, if you pay TDS deducted late, you are required to pay interest at the rate of 1.5% per month or part of month from the date of TDS deduction to the actual date of payment of TDS.

*Example of calculation of interest for late payment of TDS :*

TDS | TDS deduction date | Due date | TDS payment date | month of delay | interest calcualtion | interest |

10,000 | 01/01/2015 | 07/02/2015 | 04/05/2015 | 5 months | 10000*1.5%*5 | 750 |

10,000 | 02/02/2015 | 07/03/2015 | 08/03/2015 | 2 month | 10,000*1.5%*2 | 300 |

10,000 | 31/03/2015 | 30/04/2015 | 24/04/2015 | nil | Nil | 0 |

Due date of TDS return filling :In above example, we can see interest chargeable for delay in payment of tds. In column 2, you can see that 1 day delay can invite 3% interest. The amount is Rs.10000 sot we consider it small but what if the TDS amount is Rs.200000.

Quarter | non government deductor | government deductor |

April to June | 15th July | 31st july |

July to Septeber | 15th october | 31st october |

October to December | 15th january | 31st january |

January to March | 15th May | 15th may |

### Fees for late filling of TDS return u/s 234E:

Many contrary views are given but the hon’ble high court of bombay has given decision favoring section 234E.

Fees for late filling of TDS return is 200 per day of delay* per statement.*The maximum late filling fees should not be TDS deduction amount.

Example for fees for late filling of tds return:

Supoose Mr. Joy has deducted TDS Rs.20000 and he pay TDS return belated for 111 days. Now penalty will be 111*200 = Rs.22200.But as TDS amount is lower than Fees, Rs. 20000 will be fees for late filling of tds return.

### Penalties for late filling of tds return:

Penalty u/s 271H for late filling of TDS return will also be levied if you file your TDS return late along with late payment of TDS. If you are not accurate with TDS data at least file the statement on due date to avoid heavy peanlty.

The penalty will be levied if you have delayed in filling TDS return for more than 1 year or you have filed incorrect details ( like pan, challan etc.) in TDS statement.

Penalty will be levied from Rs. 10000 to Rs. 100000.

Example for penalty u/s 271H for TDS late filling:

Quarter | non government deductor | Penalty will be levied from the date below |

April to June | 15th July,2014 | 15th July,2015 |

July to Septeber | 15th october,2014 | 15th october,2015 |

October to December | 15th january,2015 | 15th january,2016 |

January to March | 15th May,2015 | 15th May,2016 |

#### Tds payment online:

You can pay TDS offline or online through challan. Please be careful in TDS payment also because small mistake can lead to denial of tax credit to deductees. You can pay TDS online through NSDL site. Read the tutorial here- how to pay tds online

#### Other important points regarding interest and penalties on TDS:

*same interest rate for all deductees:*

The due date for payment of TDS is different for government and non government employees but interest rate on late tds payment is same for both. Similarly there is no difference between company and non company deductor while calculating interest.

**Same interest rate for all kind of payment:**

Nature of deduction of TDS is irrelevant. Deductor has to pay interest at 1.5% no matter the deduction is u/s 194C or u/s 194I.

Tax deducted at source is not only cumbersome for deductors but also creating problems for deductees. Different TDS rates are considered for same kind of payments in day to day transactions. No one has time to read rules of TDS in this busy life. Some are charging 10% and some are 1%. you can get knowledge of latest tds rate chart from here- link.

I have tried to explain all the points regarding interest on late payment of TDS and late deduction of TDS along with penalties and fees for late filling of TDS return. Still if you have any query, ask through comment box. Please share this post with friends to encourage me to write more. I ll back with new informative article. Stay connected with tax masala.

Ma’m, I am a taxpayer. My deductor has shown my gross salary in tds return as ‘Total Amount Paid/Credited’. May I show my actual salary from income (i.e., Gross Salary minus Professional Tax deducted by deductor) in my ITR? Please reply.

Yes, you can show it gross salary minus professional tax deducted by deductor. Get form 16 part b along with form 16 part A from the employer showing deduction of professional tax.

Ma’m, Thank you for your answer. I have one question more. My Form26AS shows the gross salary as ‘Total Amount Paid/Credited’. On filing ITR with ‘Income from salary’ as Gross Salary minus P.T., will it not be a defective one? Please reply.

Deduct professional tax in return. It is not defective return.

Ma’am i want to know the complete procedure of Service Tax, Cenvat Credit, Reverse charges mechanism with example

Read my blog posts on service tax. I am covering the topics.

Hi Madam, For tds late payment, i have paid interest for day wise delay from the 1st day of month. What is the process?

Actual due date date is 7th Dec 2015. But i have paid on 18th Dec 2015. I have paid interest for 17 days . I think this is wrong, How to rectify this one. plz suggest me.

Dear Sir,

I have deducted TDS on oct 2015 & paid in Jan 7th in same quater , return also filed on time

will i am liable for any penalty or interest ?

TDS should be paid 7th of Next month of deduction. You are liable for interest.

Hi.We have taken service of CDSL,till half year passed,we did not cross limit for deduction.In month of Dec,we cross limits & we have to deduct tax.We have deducted TDS on aa the bills raised till now.But what is about interest of TDS??From which date we have to pay interest??From bill date to payment date??or from the date we cross limit to payment date??

If you have deducted TDS on crossing limit, no need to pay interest.

Tds deducted in the month of march but part payment made up to 30 th April remaining in July how should I calculate interest u/s 201 for late payment please explain with an example . thanks in advance

I have explained in article for calculation. Plz go through it carefully. I hope it will help.

Hi,

My question is in below table. Now what interest to be paid to Income tax. Because I not deducted tds on this amount. But rest amount tds deducted by me.

Payment Date Payment amont

25-06-2015 12000

18-08-2105 9040

28-08-2015 13020

09-09-2015 7620

Total Payment 41680

If the date of deduction is 30h April 2014 the due date for payment is 7th May 2014 but i have paid on 15th May 2014 , in this case how many months should i calculate Late payment interest.

it is for 1 month or 2 months

We are government tds deductor, TDS was deposited on 9th December, 2013 Rs.8,38,674/-for the month of November 2013 and 9th June 2014 for Rs.8,25,000/- for the month of May 2014 with challan. Now, I T authorities issued demand notice to deposit the penalty/interest of Rs. 60,044/-. Kindly advise us on this matter.

Dear Madam, I have received a letter from TRACES for interest of late payment of TDS for about INR 1300. I do not know how to make this payment. Can you please guide how I can make this payment?

I made a payment of Rs. 5,000 in August 2015 without deducting TDS anticipating that the total payment during the year will not be more than Rs. 30,000.00. However, the total payment exceeded the limit of 30000 in the month of March 2016. Now, how much interest do I pay on late payment and deduction of TDS?

Dear Madam, I’ve made the part payment of the property I purchased on 3rd Mar 2016. However, I couldn’t submit the tax using online form 26B.

Now that I want to pay the TDS-

– Is there a penalty for late payment

– If yes, how do I calculate till date

I am finding it difficult to fill values on form 26B online as it always throws errors.

Respected Mam

We are travel agent & tour operator arranging air tickets,hotel,pkg,etc.We had deposited service tax a/c code 00441070 for hotel booking & filled return according & also took 90% abatement 026/2012 st and 11(II)but It should be deposited under tour operator code 0040063.now we got scrutiny st-3 return & officer disallow earlier abatement & demand st as per 00441070 with interest & penalty. please advice how can we justify that & penalty & interest applicable or not.Financial year 2015-2016 filled return according to Tour operator.

Please guide in this regard.

Thanks

We have taken composite scheme on air tickets.

0.70% on Domestic air tickets on basic fare

1.4% on international air tickets on base fare.

After introduce sbc .50%,how much service tax applicable for Air Travel agent.

Is it 0.73% & 1.45% correct or not ?

for private limited company if TDS deducted on dt 30/3/16 and payment made on 4/5/16 how much interest to be pay

WE PVT LTD CO TDS IS 5000 I DID NT PAY ON 30/4/16 I PAID 5/5/16 HOW MUCH INT TO BE PAID

Respected Mam

Can you provide me any draft letter for dropping penalty proceedings U/s. 271H.

Sorry sir. We cant provide supporting drafts/documents/ notification etc. to readers as we have not such time. My humble request to all readers do not expect this. However, You can google or contact local professionals.

INTEREST ON LATE PAYMENT U/S……………… WHAT PLS SUGGEST

Hi, I dont get your question. Please go through the article. It will help.