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Direct Taxes

Statutes, Circulars and Notifications
 

  1. Taxation Laws (Second Amendment) Bill

Taxation Laws (Second Amendment) Bill, 2005 is published.

[(279 ITR (St.) 106) (199 CTR (St.) 86)]

Lok Sabha and Rajya Sabha has passed the above bill and the President assent is received.

  1. National Tax Tribunal Bill, 2005

The National Tax Tribunal Bill, 2005 is published.

[(149 Taxman (St.) 58) (199 CTR (St.) 73)]

  1. TDS on salary

The rates of deduction of income tax from the payment of salaries during the financial year 2005–06 and
related provisions of the Income-tax Act are explained.

[Circular No. 9/2005, dated 30th November, 2005 (149 Taxman (St.) 17) (279 ITR (St.) 60) (199 CTR (St.) 33)]

  1. Annual Information Return – Section 285BA

Data Structure of preparation of "Annual Information Return" has been notified.

[Notification No. S.O….. dated 28th July, 2005 (279 ITR (St.) 16)]

 

  1. Do’s and Don’ts for e-TDS/e-TCS statement

• Tax Deposit


    DO’S

  1. TDS/TCS

  1. Use challan type 281 for deposit.
     

  2. Quote the correct Tax Deduction Account Number (TAN) and name and address of the deductor on each challan.
     

  3. Use separate challans to deposit tax deducted under each section and indicate the correct nature of payment code.
     

  4. Use separate challan to deposit tax deducted for different types of deductees, i.e. Corporate or Non-Corporate,
    and indicate the type of deductees.

  1. Advance Tax/Self-Assessment Tax/Tax on Regular Assessment/Surtax/Tax on Distributed Profits of Domestic Companies/Tax
    on Distributed Income to Unitholders.

  1. Use challan type 280.
     

  2. Quote the correct Permanent Account Number (PAN) and name and address on each challan.
     

  3. Use separate challans to deposit taxes for each of the above-mentioned tax and indicate the relevant code.

    DON’TS

  1. Do not use incorrect type of challan.
     

  2. Do not make mistake in quoting PAN/TAN
     

  3. Do not give PAN in place of TAN or vice versa
     

  4. Each branch/division of an entity will have a separate TAN if it is filing separate TDS/TCS returns. However,
    there will be only one PAN for a legal entity.
     

  5. Do not use a single challan to deposit tax deducted under various sections.
     

  6. Do not use a single challan to deposit tax deducted for corporate and non-corporate deductees.
     

  7. Do not use same challan for depositing various types of tax like advance tax, self-assessment tax etc.
     

  8. Do not make mistake in the F.Y. and A. Y. to be indicated in the challan.
     

  9. If you have multiple TANs for the same division filing TDS statements, do not use different TANs in different challans. Use one consistently and surrender the others.
     

  10. Do not use the preprinted challans you receive without verifying whether the TAN/PAN quoted in these challans belongs to you. You can verify the same from the allotment letter you have received from NSDL or from ITD website.

• Proof of payment

  1. After the taxes are paid, the collecting bank branch will give you a counter foil as acknowledgment for the taxes paid. Ensure that the bank has mentioned the Challan Identification Number (CIN) on the counterfoil. If not, immediately take up the matter with the bank.
     

  2. CIN comprises of the following

Sr. No.  CIN particulars  No. of characters
1 Bank Branch Code (BRS code) 7 digits
2 Challan serial number  5 digits
3 Date of tender of challan DD/MM/YY

• Verification of tax payment information transmitted to TIN

  1. The collecting bank branch will transmit the details of taxes deposited by you to the
    "Tax Information Network" (TIN) through the On-line Tax Accounting System (OLTAS).
     

  2. All details of your payment as uploaded by the banks are available at the NSDL
    website www.tin.nsdl.com under the link "Challan Status Inquiry"
     

  3. Verify the above details that have been captured and transmitted by bank.
     

  4. In case the details are not available with TIN then "No records found for the above query"
    will be displayed.
    The details may not be available with TIN in case the bank has not uploaded the tax collected
    data to TIN or the challan Identification Number uploaded by the bank is different then the
    CIN issued to you. You may contact the bank branch where the tax has been deposited.
     

  5. In case the Name of the taxpayer, Amount and the Major head code indicating the type of deductee
    (i.e., company deductee/Non-company deductee) uploaded by the bank is incorrect, you may contact the
    bank branch where the tax has been deposited, they can rectify the same through the OLTAS system
    through which the payment information was uploaded.
     

  6. In case the TAN or PAN uploaded by the bank is incorrect, you may contract your Assessing Officer to get
    the same rectified.

• Preparation of e-TDS statement

  1. Prepare the statement as per the file format specified by ITD.
     

  2. At the time of preparing quarterly e-TDS/e-TCS statements the following precautions need to be taken:

  1. Quote the correct Tax Deduction Account Number (TAN), name and address.
     

  2. Provide details of challan through which taxes have been deposited in the bank.
     

  3. The challan amount mentioned in the statement should be exactly the same amount as deposited through the challan.
     

  4. Against each challan indicate the details of deductees.
     

  5. Even if the actual tax deposited through the challan is higher than the amount of tax deducted on account deposited as per the counterfoil.
     

  6. Obtain and quote correct Permanent Account Numbers (PAN) for the deductees.
     

  1. After the file is prepared, the file has to be validated using NSDL’s File Validation Utility (FVU).
     

  2. The FVU will generate three files namely:

  1. FORM26Q.html
     

  2. FORM26Q_PAN_Stastics.html
     

  3. FORM26Q.fvu
     

  1. FORM26Q.html is a ‘TDS/TCS Return Statistics Report’ which is a summary of the e-TDS/TCS
    return successfully validated by the FVU.

Verify that the control totals along with the TAN, assessment year and other details in the e-TDS/TCS statement matches with the corresponding values given in Form 27A which is to be submitted in physical form along with the e-TDS/TCS statement.

  1. FORM26Q_PAN_Stastics.html is a PAN Statistics report which
    contains list of deductee PAN deficiencies.
     

  2. FORM26Q.fvu is an ‘upload file’ generated with the same file name as the ‘input file’ but with
    extension.fvu. Example ‘input file’ name is FORM 26Q.txt, the upload file generated will be FORM26Q.fvu.

Copy the fvu file on a floppy/compact disk and affix a label mentioning the TAN, Assessment year,
Form No., Periodicity and Name and furnish the same to any TIN Facilitation Centre.

DON’Ts

  1. Do not furnish statement in a format other than text format.
     

  2. Do not furnish the statement without validating it using the FVU.
     

  3. Do not make mistake in quoting TAN in the statement.
     

  4. Do not mention CIN other than that provided by the bank.
     

  5. Do not mention the challan Form No. (i.e., ITNS281) as challan serial No. in the TDS/TCS statement.
     

  6. Do not make mistake of breaking the challan amount to match with the deductee amount and providing
    one challan entry against each deductee.

• Status verification of e-TDS/TCS statement furnished to TIN

  1. You can verify the status of your statements through NSDL website. To view these details,
    the deductor should click on the icon "Taxpayer view (TAN/PAN)".
     

  2. The deductor will have to provide the TAN and provisional receipt Number (PRN) of the return
    for which the status needs to be verified.
     

  3. You can verify the information without any other authentication. In this case no financial information
    will be displayed. You can also enquire on the above information from TIN Call Centre also.
     

  4. In case you have a Digital Signature Certificate (DCS) you can verify the above details along with
    the financial information.

• Rectification of errors

  1. In case you have made any errors in the e-TDS/TCS statement, you can rectify the same using
    the file format for correction available on the NSDL website.
     

  2. NSDL will provide RPU for preparation of correction statement.

[Instruction – (149 Taxman (St.) 73)]

 
 

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