QR – 68 No Extension for Form No. 26QB, 26QC & 26QD
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QR – 68 No Extension for Form No. 26QB, 26QC & 26QD
Regarding furnishing of monthly Challan-cum-TDS statements in Form No. 26QB, 26QC and 26QD u/s 200(3) of the Income Tax Act, 1961 & Rule 31A of Income Tax Rules, 1962 for the financial year 2020-21
1. Section 200(3) of the Income Tax Act, 1961 provides that any person deducting any sum on or after the 1st day of April 2005 in accordance with the foregoing provisions of this Chapter or, as the case may be, any person being an employer referred to in sub-section (1A) of section 192 shall, after paying the tax deducted to the credit of the Central Government within the prescribed time, prepare such statements for such period as may be prescribed and deliver or cause to be delivered to the prescribed income-tax authority or the person authorized by such authority such statement in such form and verified in such manner and setting forth such particulars and within such time as may be prescribed:
2. It may be noted that such a statement is required to be delivered –
(i) when any sum is deducted in accordance with the provisions of Chapter XVII-B of the Act;
(ii) after paying the tax so deducted to the credit of the Central Government in accordance with the provisions of section 200(1) and 200(1A) of the Act.
3. Such statements are to be delivered in the prescribed Forms.
4. These Forms are prescribed in Rule 31A of the Rules.
TDS u/s 194-IA
5. Sub-rule (4A) provides that notwithstanding anything contained in sub-rule (1) or sub-rule (2) or sub-rule (3) or sub-rule (4), every person responsible for deduction of tax under section 194-IA shall furnish to the Director-General of Income-tax (System) or the person authorized by the Director-General of Income-tax (System) a challan-cum-statement in Form No. 26QB electronically in accordance with the procedures, formats, and standards specified under sub-rule (5) within thirty days from the end of the month in which the deduction is made.
TDS u/s 194-IB
6. Sub-rule (4B) provides that notwithstanding anything contained in sub-rule (1) or sub-rule (2) or sub-rule (3) or sub-rule (4), every person responsible for deduction of tax under section 194-IB shall furnish to the Principal Director General of Income-tax (Systems) or Director General of Income-tax (System) or the person authorized by the Principal Director General of Income-tax (Systems) or the Director-General of Income-tax (Systems) a challan-cum-statement in Form No.26QC electronically in accordance with the procedures, formats, and standards specified under sub-rule (5) within thirty days from the end of the month in which the deduction is made.
TDS u/s 194M
7. Sub-rule (4C) provides that notwithstanding anything contained in sub-rule (1) or sub-rule (2) or sub-rule (3) or sub-rule (4), every person responsible for deduction of tax under section 194M shall furnish to the Principal Director General of Income-tax (Systems) or Director General of Income-tax (System) or the person authorized by the Principal Director General of Income-tax (Systems) or the Director-General of Income-tax (Systems) a challan-cum-statement in Form No.26QD electronically in accordance with the procedures, formats, and standards specified under sub-rule (5) within thirty days from the end of the month in which the deduction is made.
8. All the above sub-sections starts with the non-obstante clause “notwithstanding anything contained in sub-rule (1) or sub-rule (2) or sub-rule (3) or sub-rule (4)”. It means that the sub-rule (4A), (4B) and (4C) overrides sub-rule (1), (2), (3), (4). Therefore, in so far as the Forms, time limits, and manner prescribed in sub-rule (1), (2), (3), (4) shall not apply for the following purposes:
(i) TDS u/s 194-IA and payment of such TDS and furnishing of the statement in Form 26QB;
(ii) TDS u/s 194-IB and payment of such TDS and furnishing of the statement in Form 26QC;
(iii) TDS u/s 194M and payment of such TDS and furnishing of the statement in Form 26QD;
9. In all above the sub-rule (4A), (4B), and 4C) the deductor is obliged to furnish a challan-cum-statement.
10. In all above the sub-rule (4A), (4B), and 4C) such challan-cum-statement is required to be furnished electronically.
11. In all above the sub-rule (4A), (4B), and 4C) such challan-cum-statement is required to be furnished electronically in accordance with the procedures, formats, and standards specified under sub-rule (5).
12. In all above the sub-rule (4A), (4B) and 4C) such challan-cum-statement is required to be furnished electronically in accordance with the procedures, formats, and standards specified under sub-rule (5) within thirty days from the end of the month in which the deduction is made.
13. In this regards it may further be noted that neither the “Ordinance” nor any “notification” and nor the “Amendment Act” made any change or extension for the purpose of furnishing of Form 26QB, Form 26QC, and Form 26QD.
14. On the contrary, section 3(1)(b) of the “Ordinance” provided extension up to 30.6.2020 only in respect of action of filing of any appeal, reply or application or furnishing of any report, document, return, statement, or such other record, by whatever name called, under the provisions of the specified Act; and the 2nd proviso of section 3(1) specifically provided that such action shall not include payment of any amount as is referred to in sub-section (2).
15. Since, Form 26QB, Form 26QC, and Form 26QD are the forms of challan-cum-statement, which enables the payment of TDS u/s 194-IA, 194-IB and 194M, therefore, these are to be furnished within the limitations provided in sub-rule (4A), sub-rule (4B) and sub-rule (4C).
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