Usually, if the income earned by you exceeds a specified limit, then tax is deducted by the payer of the income. Once the tax is deducted, then the payer of income is required to deposit the same against your PAN to the government. The payer of the tax, i.e., you or the bank or your employer, is also required to file a TDS return of the tax deducted and deposited.\
Due Dates for filing of TDS/TCS return
The due dates for filing of TDS/TCS return for different quarters of Financial Year 2022- 23 are as follows:
| Quarter ending | DuedateforfilingofTDSreturn (Both for Government and other Deductor) | Duedateforfiling of TCS return |
| 30th June 2022 | 31st July 2022 | 15th July 2022 |
| 30th September 2022 | 31st October 2022 | 15th October 2022 |
| 31st December 2022 | 31st January 2023 | 15th January 2023 |
| 31st March 2023 | 31th May 2023 | 15th May 2023 |
Late filing fees under section 234E
As per section 234E, where a person fails to file the TDS/TCS return on or before the due date prescribed in this regard, then he shall be liable to pay, by way of fee, a sum of Rs. 200 for every day during which the failure continues. The amount of late fees shall not exceed the amount of TDS.
TDS/TCS return cannot be filed without payment of late filing fees as discussed above. In other words, the late filing fees shall be deposited before filing the TDS return. It should be noted that Rs. 200 per day is not penalty but it is a late filing fee.
Illustration
The quarterly statement of TDS i.e. TDS return for the first quarter of the year 2022-23 is filed by Mr. Kapoor on 4-4-2023. Tax deducted at source during the quarter amounted to Rs. 8,40,000. What will be the amount of late filing fees to be paid by him for delay in filing the TDS return?
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The due date for filing of TDS return for the first quarter of the year 2022-23 i.e. April 2022 to June 2022 is 31st July, 2022. The return is filed on 4th April, 2023, thus there is a delay of 247 days as computed below:
| Particulars | Days |
| August 2022 | 31 |
| September 2022 | 30 |
| October 2022 | 31 |
| November 2022 | 30 |
| December 2022 | 31 |
| January 2023 | 31 |
| February 2023 | 28 |
| March 2023 | 31 |
| April 2023 | 4 |
| Total | 247 |
From the above computation it can be observed that there is a delay of 247 days. Late filing fees under section 234E will be charged at Rs. 200 per day, thus for 247 days the late filing fees will come to Rs. 49,400.
Penalty under section 271H
As per section 271H, where a person fails to file the statement of tax deducted/collect at source i.e. TDS/TCS return on or before the due dates prescribed in this regard, then assessing officer may direct such person to pay penalty under section 271H. Minimum penalty can be levied of Rs. 10,000 which can go upto Rs. 1,00,000. Penalty under section 271H will be in addition to late filing fees prescribed under section 234E.
Apart from delay in filing of TDS/TCS return, section 271H also covers cases of filing incorrect TDS/TCS return. Penalty under section 271H can also be levied if the deductor/collector files an incorrect TDS/TCS return. In other words, minimum penalty of Rs. 10,000 and maximum penalty of upto Rs. 1,00,000 can be levied if the deductor/collector files an incorrect TDS/TCS return.
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