CBDT vide Circular No. 09/2023 dated 28.06.2023 passed an Order under section 119 of the Income-tax Act, 1961 (‘Act’) extends the due date for furnishing the quarterly TDS statements in Form No. 26Q and Form No. 27Q and quarterly TCS statement in Form No. 27EQ for the first (1st) quarter of the financial year (FY) 2023-24 from July 31, 2023, and July 15, 2023 respectively to 30th September 2023.
It should be noted that there is no extension of the due date for furnishing the quarterly TDS statements in Form No. 24Q and Form No. 24Q in respect of the deduction of tax (TDS) from salary income. The due date to furnish Form 24Q for the Q1 of the financial year (FY) 2023-24 shall remain July 31, 2023.
Further, no extension in furnishing TDS statements in Form No. 26QB, Form No. 26QC and Form No. 26QD is granted in the Order.
According to section 200(3), every deductor is required to furnish a statement of tax deduction and deposit of TDS in the prescribed form and within the prescribed time limit after paying the tax deducted to the credit of the Central Government.
As per Rule 31A of Income Tax Rules, 1962, the TDS statement is required to be filed electronically with the Income Tax department.
Rule 31A(1)(b)(ii) and 31A(2) prescribe filing of quarterly TDS statements u/s 200(3) in Form No. 26Q within the following time limits-
Rule 31A(1) requires the furnishing of TDS statements in the following forms for different categories of deductees-
Rule 31A(2) prescribes filing of quarterly TDS statements u/s 200(3) in Form No. 26Q/27Q and Form No. 24Q within the following time limits-
However, the Order is silent in respect of the due date of issue of TDS Certificates in Form No. 16A which is issued for non-salary TDS.
Rule 31(1) prescribes that the certificate of deduction of tax at source by any person in accordance with Chapter XVII-B or the certificate of payment of tax by the employer on behalf of the employee under sub-section (1A) of section 192 shall be in-
As per Rule 31(3), Form 16 is required to be issued annually and TDS certificates in Form 16A are required to be issued quarterly within the below-mentioned time-limit-
In case of the due date of issue of TDS certificates in Form 16, Rule 31 categorically specifies the date of 15th June within which Form 16 needs to be issued.
However, the due date to issue the TDS certificates in Form 16A is not static but linked to the due date of furnishing the TDS statement.
In the case of the issue of TDS certificates in Form 16A, Rule 31 states that the same needs to be issued within 15 days from the due date of furnishing the TDS statements as per Rule 31A. Hence, once the due date to furnish the TDS statements is extended, there is no need to extend the due date to issue the TDS certificates in Form 16A. It is automatically extended to 15 days once the due date for furnishing TDS statements is extended.
Hence, when the due date for furnishing the TDS statement for the 1st Quarter of FY 2023-24 is extended to 30-09-2023, the due date to issue the TDS certificates is automatically extended to 15-10-2023 by virtue of Rule 31(3). No separate order is required for such an extension.
Further, the income-tax department has not disclosed the reason for such an extension for furnishing TDs statements in Form No. 26Q/27Q and 27EQ by 3 months and, that too, one month before the prescribed due date.
Update:
Also Read:
All about Due Date for TDS/TCS Payment and TDS/TCS Returns and issue of TDS/TCS Certificates
Is TDS Return Due Date For Quarter 4 FY 2020-21 Extended
Read the full text of CBDT Circular No. 09/2023 dated 28.06.2023 on Extension of Due Date for Filing of TDS/TCS Statements for Qtr-1 of FY 2023-24
Circular No. 9 /2023
F.N0.370149/109/2023-TPL
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Tax
North Block, New Delhi 28th June, 2023
Sub: Order under section 119 of the Income-tax Act, 1961 for extension of time limits for submission of certain TDS/TCS Statements — Reg.
The Central Board of Direct Taxes, in exercise of its powers under section 119 of the Income-tax Act, 1961 provides relaxation in respect of the following compliances, namely —
(i) The statement of deduction of tax for the first quarter of the financial year 2023-24, required to be furnished in Form No. 26Q or Form No. 27Q, on or before 31st July, 2023 under Rule 31A of the Income-tax Rules, 1962 (“the Rules”), may be furnished on or before 30th September, 2023.
(ii) The statement of collection of tax for the first quarter of the financial year 2023-24, required to be furnished in Form No. 27EQ, on or before 15th July, 2023 under Rule 31AA of the Rules, may be furnished on or before 30th September, 2023.
(Sourabh Jain)
Under Secretary (TPL)-I
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