Thursday, June 12, 2014

TDS Default Correction- Process





What are C3  Corrections?

  • C3 Correction involves Updation or Addition of Deductee details in the TDS statement. The facility to delete Deductee records has now been discontinued for the purpose of correct reporting and is no longer permissible in the TDS statements. Accordingly, the delete option available under "Updation mode for Deductee" has been removed from RPU 3.8.
Important points to adhere while submitting Corrections: 
  • Correct and Complete Reporting: It is very important to report correct and valid particulars (TAN of the deductor, Category (Government / Non-Government) of the deductor, PAN of the deductees and other particulars of deduction of tax) in the TDS statement. Please ensure that records are corrected for all deductees reported in the corrections to avoid multiple submissions.
  • Addition of new deductee rows and thereby, challans is not encouraged by CPC (TDS), except for inadvertent errors. Please ensure that complete data is reported in the first instance, while quarterly TDS Statement is submitted.
  • Validate PAN and name of fresh deductees from TRACES before quoting it in correction statement. Download PAN Master from TRACES and use the same to file new statement to avoid quoting of incorrect and invalid PAN.
  • TDS statement cannot be filed without quoting any valid challan and deductee row.
  • Quote correct and valid lower rate TDS certificate in TDS statement wherever the TDS has been deducted at lower / zero rate on the basis of certificate issued by the Assessing Officer.
  • Download the Justification Report to know the details of TDS defaults, if any, on processing of TDS statements and submit corrections accordingly .
  • File correction statements promptly in case of incomplete and incorrect reporting. Please use the new version 3.8 of the Return Preparation Utility (RPU) and version 4.1 & 2.137 of the File Validation Utility (FVU) released by NSDL.
C9 Corrections :-

Centralized Processing Cell (TDS) has observed from its records that C9 Corrections for Quarterly TDS Statements have repeatedly been submitted during Financial Year 2013-14. Please note that CPC (TDS) does not encourage frequent submission of C9 corrections.

Your attention is, therefore, invited to the following information:

What are C9 Corrections?
  • Revision of TDS Statement by way of Adding a new Challan and underlying Deductees is referred to as C9 Correction.
  • The above revision indicates that the TDS data has not been reported correctly by way of omission of deductees, at the time of filing Original statements.
  • This also means that not all tax amount deducted/ collected has timely been deposited by way of challans to CPC(TDS).
  • The omission results into lower deposit of tax collected/ deducted by the deductor to CPC (TDS).
Important points to adhere while submitting Quarterly TDS Statements:
  • Correct and Complete Reporting: It is very important to report correct and valid particulars (TAN of the deductor, Category (Government / Non-Government) of the deductor, PAN of the deductees and other particulars of deduction of tax) in the TDS statement.
    Please ensure that records are corrected for all deductees reported in the corrections to avoid submission of multiple revisions.
  • Addition of new deductee rows and thereby, challans is not encouraged by CPC (TDS), except for inadvertent errors.Please ensure that complete data is reported in the first instance, while submitting quarterly TDS Statements.
Please ensure that data for all deductees reported in TDS Statements are duly corrected which will help the deductees in claiming correct TDS Credits, besides generating correct TDS Certificates.

PANs appear structurally valid, however, they are actually invalid,

Centralized Processing Cell (TDS) has observed from its records that you have reported deductees with invalid PANs in your quarterly TDS statements. These PANs appear structurally valid, however, they are actually invalid, as they are not available in the PAN Master records.

For example, ARUPS4625S appears to be a valid PAN according to the alphabets and numerals in its structure, however, this is an invalid PAN, as this is not available in PAN Master.

What is the impact :
  • The impact of such errors is significant in nature, in view of following :
    • As per section 206AA, the tax is to be deducted at a higher rate, in case of reporting of invalid PANs. Therefore, Short Deduction is charged even if the tax has been deducted at the Section Rate, due to the applicability of section 206AA.
    • The deductor will not be able to generate TDS Certificates for their deductees with invalid PANs.
    • The taxpayer will not be able to avail correct TDS Credits
What actions to be taken :
  • The impact of such errors is significant in nature, in view of following :
    • PAN Verification facility on TRACES can be used for verifying the deductees. You are requested to Login to TRACES and
      navigate to "Dashboard" to locate "PAN Verification" in the Quick Links menu.
    • You can also use "Consolidated TAN - PAN File" that includes all the valid PANs attached with the respective TANs. To
      avail the facility, Login to TRACES and navigate to "Dashboard" to locate "Consolidated TAN - PAN File".
    • To correct an invalid PAN reported earlier, a C5 Correction Statement is required to be filed.
    • The PANs can also be corrected using our Online Correction facility
      with Digital Signatures. 
      To avail the facility, you are requested to Login to TRACES and navigate to "Defaults" tab to locate"Request for Correction" from the drop-down menu. For any assistance, please refer to the e-tutorial available on TRACES.
 Quote correct Book Identification Number (BIN), while filing TDS/TCS statement.

This is to inform you that it is mandatory for Government deductors, who are reporting TDS without payment through bank challans, to quote correct Book Identification Number (BIN), while filing TDS/TCS statement. In case correct BIN is not quoted in the respective TDS statement, a Short Payment demand shall be raised by CPC(TDS).

As you may be aware, BIN is generated by the Tax Information Network (NSDL) once the respective Principal Accounts Officer files monthly statements in Form 24G. You are requested to contact your respective PAO/ AO/ AAO/DTO/ TO/ CDO and collect the BIN details. You can also check BIN from TIN portal athttps://onlineservices.tin.egov-nsdl.com/TIN/JSP/etbaf/ViewBIN.jsp


As per the records of Centralized Processing Cell (TDS), the TDS Statements have been filed by you for different quarters and you are requested to download TDS Certificates (Forms 16/ 16A) from our portal. Please refer to the following provisions of the Income Tax Act, 1961:

    Downloading of TDS Certificates from TRACES made mandatory:

        
    In this regard, your attention is invited to the CBDT circulars 04/2013 dated 17.04.2013, No. 03/2011 dated 13.05.2011 and No. 01/2012 dated 09.04.2012 on the Issuance of certificate for Tax Deducted at Source in Form 16/16A as per IT Rules 1962. It is nowmandatory for all deductors to issue TDS certificates after generating and downloading the same from "TDS Reconciliation Analysis and Correction Enabling System" or http://www.tdscpc.gov.in (hereinafter called TRACES Portal).


    TDS Certificates downloaded only from TRACES hold valid:

      
    In view of above circulars, it may kindly be noted that the TDS Certificates downloaded only from TRACES Portal will be valid. Certificates issued in any other form or manner will not comply to the requirements referred in the Income-tax Act 1961 read with relevant Rules and Circulars issued in this behalf from time to time.


    Due Date for downloading and Penalty for non-compliance:

      
    Please be advised that under the provisions of section 203 of the Income Tax Act, 1961 read with rule 31A, Certificate of tax deducted at source is to be furnished within fifteen (15) days from the due date for furnishing the statement of tax deducted at source. Failure to comply with the provisions of the Act will attract penalty under the provisions of section 272A of the Act, a sum of one hundred rupees for every day during which the failure continues.


    Assistance for downloading TDS Certificates from TRACES:

      
    You can logon to our portal http://www.tdscpc.gov.in and refer to our e-Tutorial e-tutorial to download TDS Certificates. For any further assistance, you can also write to ContactUs@tdscpc.gov.in or call our toll-free number 1800 103 0344.


Important Guidelines for payment towards liability on account of Tax Deducted / Collected at Source


A. Central Government Account ( Receipts and Payments ) Rules, 1983:
Date of Receipt for Cheques or Drafts: The Central Government Account (Receipts and Payments) Rules, 1983 contain, inter alia, regulate public moneys received by or on behalf of the Government of India. As per clause 20 of Part I (Preliminary and General Principles), the Date of receipt of Government revenues, dues etc. is determined as follows:

20. Date of receipt of Government revenues, dues etc.-
Government dues tendered in the form of a cheque or draft which is accepted under the provisions of rule 19 and is honoured on presentation, shall be deemed to have been paid-

i. where the cheque or draft is tendered to the bank, on the date on which it was cleared and entered in the receipt scroll;


B. Rule 125 of Income Tax Rules, 1962:
Electronic Payment of Tax: Rule 125 of Income Tax Rules, 1962 relates to Electronic Payment of Tax. The relevant provisions are as under:

  • The following persons shall pay tax electronically on or after the 1st day of April, 2008:
    •   a company; and 
    •   a person (other than a company), to whom the provisions of section 44AB are applicable.
  • For the purposes of this rule :
    • "pay tax electronically" shall mean, payment of tax by way of-
    • internet banking facility of the authority bank; or

In the light of the above, it is suggested that the payments towards TDS may kindly be made through e-payment mode. This helps in better reporting of challan by deductors and consequential matching of such challans.


CPC (TDS) communication: Simple ways to avoid Defaults in TDS Statements

  • Timely Payment of total taxes deducted/ collected
  • Correct Reporting with regard to PANs, Tax Rate and Challans
  • Complete Reporting for all Deductees
  • Timely filing of TDS Statements

Following are some important facts to be adhered to, while submitting TDS statements, to avoid each type of Default:

  • Short Payment Defaults:
    • All the taxes deducted must be deposited with challan 281 quoting correct TAN, Assessment Year, Minor Head etc.
    • Challan details/BIN details quoted in the statement should be correct. Challans can be validated by using Challan Status Inquiry(CSI) file. Correct details can also be verified at TRACES in "Challan Status" menu under "Statement" after
      login.
    • There should not be any difference in the amounts quoted in "Deducted" and "Deposited" columns of the deductee
      rows.
    • Challans quoted in the statement must have balance available for consumption against specified deductee rows.
      Available balance can be verified at TRACES in "View Consumption Details" under "Statements/ Payments"
      menu after login.
    • Government Deductors need to report Book entry flag as "Y" in challan details.
  • Short Deduction Defaults:
    • Taxes must be deducted at correct rates specified in the Act. The Rate table can be accessed at TRACES for
      correct tax rates.
    • Correct flags (A, B, C, T and Y) must be raised for no deduction / lower deduction/ higher deduction, as appropriate.
    • The PAN for deductees must be valid and correct. TAN-PAN Master can be downloaded from TRACES and be used to file statement to avoid quoting of incorrect and invalid PANs.
    • Correct and valid 197 Certificates must be specified. E-tutorial can be referred to for the purpose of validation.
    • For 24Q statements, correct flags should be raised for Woman/ Man/ Senior Citizen/ Super Senior Citizen
      deductees, as may be appropriate.
    • DTAA flag "B" must be raised under section 195 of the Act, at the time of filing 27Q statements.
  • Late Deduction Defaults:
    • Taxes must be deducted at the time of Payment or Credit, whichever is earlier.
CPC (TDS) brings to you the convenience of Online Corrections without Digital Signature

CPC (TDS) is glad to provide you with enhanced features, to further add to the convenience of online facility of filing corrections to the TDS Statements. With this feature, you will be able to submit Online Corrections at TRACES without even having a Digital Signature. Currently over 20,000 deductors are already using the online facility for corrections.

To avail the facility, it is requested to Login to TRACES and navigate to "Defaults" tab to locate "Request for Correction" from the drop-down list. Click to "Proceed" in absence of Digital Signature.

Pre-requisites for filing online Corrections:
  • Digital Signature is not mandatory to be registered on TRACES for raising online corrections.
  • Only Challan Correction is permissible in absence of Digital Signature. Digital Signature enables you to carry out PAN Corrections as well.
  • Correct KYC information needs to be submitted for the purpose of validation.
  • Online request can be submitted, only if there is a regular statement already filed and processed.
  • All previous corrections pertaining to the statement should have been processed and the processing status can be verified from the Dashboard.
Functionalities available without Digital Signature:
  • Challan/BIN Correction
    • A list of all Matched and Unmatched challans can be viewed by clicking the appropriate tab.
    • Matched challans can be corrected for "Amount Claimed as Interest and Others". Please note that Matched challans
      cannot be tagged.
    • Unmatched challans can be corrected and tagged to Deductee rows in the statement.
    • In addition, NO CHALLAN, which has been used for other purposes outside the system, should be tagged.
    • The corrections to above challans can be reset by clicking the Reset tab, if this requires to be further corrected.
    • A list of all Matched and Unmatched challans can be viewed by clicking the appropriate tab.
Additional Functionalities available with Digital Signature:
  • PAN Correction
    • Invalid to Valid PAN: The correct name of the Valid PAN will be displayed in "Name as per changed PAN".
    • Valid to Valid PAN: If the new PAN entered is Invalid, a message is displayed in the "Action Status". Please note
      that there is only one opportunity for a Valid to Valid PAN correction.
    • All the corrected rows can be viewed by clicking on "Show Edited Rows" on the screen
  • Action Summary:
    • After carrying out all the corrections, Action Summary can be referred for all changes carried out.
    • Please click "Confirm" for all intended changes and the statement is ready for submission.
  • Actions to complete Submission:
    • Please navigate to "Defaults" tab to locate "Corrections Ready for Submission"
    • Click on "Submit for Processing", which will prompt to digitally sign the submission.
    • Once the correction is submitted successfully, a Token Number for the same will be available
CPC (TDS) brings to you the convenience of Online Corrections without Digital Signature

In our continuous endeavor to enhance end-user functionalities, we are glad to bring to you the convenience of online facility of PAN Verification on TRACES. With this feature, you will be able to validate the PANs with confidence for the purpose of recording and reporting your transactions in the TDS statements correctly.

To avail the facility, it is requested to Login to TRACES and navigate to "Dashboard" to locate "PAN Verification" in the Quick Linksmenu. The functionality to download Consolidated TAN - PAN File has also been provided that includes all the PANs attached with the respective TANs.


How does it help:
  • Reporting of correct data has been made mandatory by CPC (TDS). Reporting of invalid PANs results into Short Deduction defaults<> in processed TDS statements.
  • Helps in generating correct TDS Certificates for the deductees.
  • The taxpayer is able to avail correct TDS Credits in time.
Additional Functionalities available: 
To correct an invalid PAN reported earlier, a C5 Correction Statement is required to be filed. In addition, the PANs can also be corrected using our Online Correction facility. To avail the facility, it is requested to Login to TRACES and navigate to "Defaults" tab to locate"Request for Correction" from the drop-down menu. For any further assistance, please refer to the e-tutorial available on TRACES.


PAN Correction steps through Online Correction:
  • Invalid to Valid PAN: The correct name of the Valid PAN will be displayed in "Name as per changed PAN".
  • Valid to Valid PAN: If the new PAN entered is Invalid, a message is displayed in the "Action Status". Please note that there is only one opportunity for a Valid to Valid PAN correction.
  • All the corrected rows can be viewed by clicking on "Show Edited Rows" on the screen.
  • Click on "Submit for Processing", which will prompt to digitally sign the submission.

CPC(TDS) communication regarding Short Deduction defaults in TDS Statements


CPC(TDS) has observed from its records that the TDS statements submitted by you have Defaults on account of Short Deduction. The above default is due to the fact that tax has not been deducted at appropriate higher rate, where PAN has not been reported correctly or PAN information is "Not Available".


In regard to the above, it is requested to take note of the following facts:
  • There is a Short Deduction default exceeding Rs. 1,00,000 in your TDS statements.
  • Your attention is hereby drawn to the provisions of Section 206AA of the Income Tax Act, 1961:
    (1) Notwithstanding anything contained in any other provisions of this Act, any person entitled to receive any sum or income or amount, on which tax is deductible under Chapter XVIIB (hereafter referred to as deductee) shall furnish his Permanent Account Number to the person responsible for deducting such tax (hereafter referred to as deductor), failing which tax shall be deducted at the higher of the following rates, namely:-
    • At the rate specified in the relevant provision of this Act; or
    • At the rate or rates in force; or
    • At the rate of twenty per cent.
  • Consequences of failure to Deduct or Pay:
    • As per provisions of Section 201 of the Act,
      • Where any person, including the principal officer of a company,
        • Who is required to deduct any sum in accordance with the provisions of this Act; or
        • Referred to in sub-section (1A) of section 192, being an employer,
          does not deduct, or does not pay, or after so deducting fails to pay, the whole or any part of the tax, as
          required by or under this Act, then, such person, shall, without prejudice to any other consequences which he
          may incur, be deemed to be an assessee in default in respect of such tax.
    • Under section 220(2), if the amount specified in any notice of demand under section 156 is not paid within the period limited under sub-section (1), the assessee shall be liable to pay simple interest at one per cent for every month or part of a month.
    • Under section 277 of the Act, if a person makes a statement in any verification under this Act or under any rule made thereunder, or delivers an account or statement which is false, and which he either knows or believes to be false, or does not believe to be true is punishable.
It is, therefore, requested to correct the records reported in your TDS statements, pay the outstanding demand and submit Correction Statement at the earliest. Please ignore, if the corrections have already been submitted.

It is also advised to refrain from repeating such instances in future.

Important CPC (TDS) reminder for Payment of outstanding Default amount

The Centralized Processing Cell (TDS) takes pride in automating for the first time, the Default identification process in respect of TDS statements submitted. CPC (TDS) has always highlighted the need for correct and complete reporting of data in the TDS statements and has therefore, implemented processes to enforce compliance.

With the above functionality made available by TRACES, intimations have been sent to the deductors, wherever applicable, through SMS and e-mail services and through Registered/ Speed Post. Further, TRACES has also provisioned for easy access to this information by way of display in Deductor's Dashboard and by availability of electronic copies of Justification Reports for the defaults generated with respect to relevant TDS statements.

In view of the close of the month approaching fast, you are advised to pay the outstanding demand at an early date to avoid Penal Interest u/s 220(2) of the Act read with Rule 119A, apart from intimation of other recovery proceedings as per Income Tax Act, 1961. If the demand has already been paid, you are requested to file a Correction Statement by tagging the challan and the Justification report can be verified for closure of demand, if the revision has already been submitted and processed.

How to pay the demand?

The following steps shall help you analyze and pay the demand:
  • Download the Justification Report from our portal TRACES to view your latest outstanding demand. Please click here for
    assistance on downloading the Justification Report.
  • Use Challan ITNS 281 to pay the above with your relevant Banker or use any other Challan, which has adequate balance
    available.
  • Download the Conso File from our portal. Please use the e-tutorials for necessary help
  • Prepare a Correction Statement using version 3.8 of the Return Preparation Utility (RPU) and version 4.1 & 2.137 of the
    File Validation Utility (FVU).
  • Submit the Correction Statement at TIN Facilitation Centre.
  • If the demand is due to mismatch of challan(s), the Online Correction facility on TRACES can be used for tagging
    the same. Please refer to the e-tutorials for assistance.
CPC (TDS) Follow up communication for payment of outstanding Demand related with Late Filing

As per the records of Centralized Processing Cell (TDS), the TDS Statement(s) for some of the quarters have not been submitted within the prescribed due date.

Intimation u/s 200A of the Income Tax Act, 1961 intimating an outstanding demand for the relevant quarters, including demand under section 234E towards Fee for delayed filing of TDS Statement(s), have already been sent by CPC (TDS) on Registered email address and by post, at the address, as mentioned in the relevant TDS Statement


Your attention is hereby drawn towards the provisions of section 234E of the Act, which reads as follows:


Levy for Late filing of TDS Statement (Section 234E of Income Tax Act)
  • Without prejudice to the provisions of the Act, where a person fails to deliver or cause to be delivered a statement within the time
    prescribed in sub-section (3) of section 200 or the proviso to sub-section (3) of section 206C, he shall be liable to pay, by way of fee,
    a sum of two hundred rupees for every day during which the failure continues.
  • The amount of fee referred to in sub-section (1) shall not exceed the amount of tax deductible or collectible, as the case may be.
  • The amount of fee referred to in sub-section (1) shall be paid before delivering or causing to be delivered a statement in accordance with
    sub-section (3) of section 200 or the proviso to sub-section (3) of section 206C.
  • The provisions of this section shall apply to a statement referred to in sub-section (3) of section 200 or the proviso to sub-section (3)
    of section 206C which is to be delivered or caused to be delivered for tax deducted at source or tax collected at source, as the case may
    be, on or after the 1st day of July, 2012.
You are advised to pay the outstanding demand at an early date to avoid Penal Interest u/s 220(2) of the Act apart from intimation of other recovery proceedings as per Income Tax Act, 1961. If the demand has already been paid, you are requested to file a Correction Statement by tagging the challan and the Justification report can be verified for closure of demand, if the revision has already been submitted and processed.


How to pay the demand:
  • The following steps shall help you analyze and pay the demand:
    • Download the Justification Report from our portal TRACES to view your latest outstanding demand. Please click here for assistance
      on downloading the Justification Report.
    • Use Challan ITNS 281 to pay the above with your relevant Banker or use any other Challan, which has adequate balance available
    • Download the Conso File from our portal. Please use the e-tutorial for necessary help
    • In case of payment towards late filing fee, please Tag the challan towards the payment, in the "Fee" column" (Column Number
      305 for 24Q, 404 for 26Q, 706 for 26Q) using RPU Ver. 3.8,
       mentioning appropriate amount in such column and validate to
      generate the FVU.
    • Submit the Correction Statement at TIN Facilitation Centre.
    • The demand can also be paid by using the Online Correction facility. Please refer to the e-tutorial for assistance.

You can reach out to us on ContactUs@tdscpc.gov.in or call our toll-free number 1800 103 0344.
CPC (TDS) is committed to provide best possible services to you.

1 comment: