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Is TDS Return Due Date For Quarter 4 FY 2020-21 Extended

is-tds-return-due-date-for-quarter-4-fy-2020-21-extended

This article analyzes whether there is an extension in the due date in furnishing the TDS statement for the 4th quarter of the financial year 2020-21 or if it is the same 31st May 2021 as per Rule 31A. Further, is there any extension in the due date of issue of TDS certificates in Form 16 and Form 16A as per section 203 read with Rule will be analyzed.


    CBDT vide Circular No. 8/2021 dated 30.04.2021 and Circular No. 9/2021 dated 20.05.2021 has extended various due dates for income-tax compliances by the taxpayers. Among other compliances, there are certain extensions in relation to TDS payment, TDS Return/statement  and issue of TDS certificates compliances.


    Extension of Due Date for TDS Statements for Q4 of FY 2020-21


    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 within the prescribed time as detailed above.



    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) prescribes filing of quarterly TDS statements u/s 200(3) in Form No. 26Q within the following time limits-


    Date of ending of quarter of financial year

    Due date of filing of TDS statements

    30th June

    31st July of the financial year

    30th September

    31st October of the financial year

    31st December

    31st January of the financial year

    31st March

    31st May of the following financial year


    Therefore, the time limit to furnish the quarterly TDS statement for the fourth quarter of the FY 2020-21 that ended on March 31, 2021 is 31st May 2021.


    Readers are aware that vide an Order dated 30.04.2021 through Circular No. 8/2021, the government has extended certain due dates related to TDS compliances viz., due date for payment of TDS, due date for furnishing TDS statements, etc. Further relief was provided by an Order dated 20.05.2021 vide Circular No. 9/2021 by extending due dates of certain compliances under the Act. 


    As per Circular No. 8 of 2021, Challan-cum-statement for tax deducted under section 194-IA (TDS on purchase of immovable property), Section 194-IB (TDS on payment of Rent by individuals) and section 194M (TDS on payment of commission, contractors, and professional by individuals) may be furnished till 31-05-2021 where the  due date was 30-04-2021. This covers tax deducted under these provisions in the month of March 2021. Hence, the TDS for the month of March 2021 for these three provisions - section 194-IA, section 194-IB and TDS u/s 194M is extended to 31.5.2021 against the due date of 30.4.2021.


    Read More on Is TDS Payment Due Date for March 2021 Extended


    Hence, by virtue of the Order of the CBDT only the due date for payment of TDS for tax deducted under these three provisions is extended from 30th April, 2021 to 31st May, 2021. There is no extension in payment of the due date of TDS or TCS in respect of deduction of tax under any other provisions is not extended. In those cases, the due date of 30th April, 2021 shall remain at 30th April for the deduction of tax during March 2021.


    Thus tax deduction by any person (individual, company, etc.) under any other provisions say, under section 194C, section 194H, section 194A, section 194J, section 194I section 195, etc. has not been given any relief and there is no extension for payment of TDS from the due date of 30th April 2021 for tax deducted in the month of March 2021.


    Extension of Due Dates for issue of TDS Certificates in Form 16B, Form 16C and Form 16D


    Rule 31 of Income Tax Rules, 1962 prescribes for furnishing of TDS certificates under section 203. It provides for issue of TDS certificates in the following forms for TDS on immovable property u/s 194-IA, TDS from rent payments u/s 194-IB and TDS u/s 194M-

    (i)

    Form No. 16B

    if the deduction of tax is under section 194-IA [Rule 31(3A)]

    (ii)

    Form No. 16C

    if the deduction of tax is under section 194-IB [Rule 31(3B)]

    (iii)

    Form No. 16D

    if the deduction of tax is under section 194M [Rule 31(3C)]


    The due dates for issue of TDS certificates in Form 16B/ Form 16C and Form 16D are as given below-


    Type of TDS Certificates

    Due Date to furnish the TDS Certificates 


    Form 16B

    (In case of TDS from immovable property u/s 194-IA)

    Within 15 days from the due date for furnishing the challan-cum-statement in Form No. 26QB [Rule 31(3A)]

    Form No. 16C

    (In case of TDS from Rent  u/s 194-IB)

    Within 15 days from the due date for furnishing the challan-cum-statement in Form No. 26QC [Rule 31(3B)]

    Form No. 16D

    (In case of TDS  u/s 194M)

    Within 15 days from the due date for furnishing the challan-cum-statement in Form No. 26QD [Rule 31(3C)]


    Therefore, the rule states the due date of issue of TDS certificates within 15 days from the due date of furnishing the challan-cum-statement in the prescribed forms. The due date to issue the TDS certificates for these three provisions are not static but linked to the due date of furnishing the challan-cum-statement.


    Since the due date for furnishing the challan-cum-statement is extended to 31.5.2021, the TDS certificates for tax deducted at source for these three provisions in Form No. 16B, Form No. 16C and Form No. 16D gets extended to 15th June 2021 from the normal due date of 15th May 2021.


    Is respect of TDS under other provisions of the Income-tax Act, CBDT’s Circular 9/2021 expressly provides that the Statement of Deduction of Tax for the last quarter of the Financial Year 2020-21, required to be furnished on or before 31st May 2021 under Rule 31A of the Income-tax Rules, may be furnished on or before 30th June 2021.


    In other words, the due date for furnishing the TDS statements for the 4th quarter of the financial year 2020-21 is extended to 30th June 2021 against the normal due date of 31st May, 2021.


    Readers are aware that CBDT vide Notification 35/2020 dated 24.06.2020 has extended the due date of furnishing the statement of TDS for the first quarter and second quarter of the FY 2020-21 from 31st July, 2020 and 31st October, 2020 to March 31, 2021.


    Read Also: Is there any Extension to TDS Return Due Date For Quarter 1 FY 2020-21


    Which TDS Forms are covered in the extension


    Rule 31A(1) requires furnishing of TDS statements in the following forms for different categories of deductees-


    Type of Forms

    For Dedcutees

    Form No. 24Q

    Statement of deduction of tax under section 192 (Salary TDS) [Rule 31A(1)(a)]

    Form No. 27Q

    Deductee who is a non-resident not being a company or a foreign company or resident but not ordinarily resident (non-resident deductees) [Rule 31A(1)(b)(i)]

    Form No. 26Q

    For other deductees (Resident non-salaried deductees) [Rule 31A(1)(b)(ii)]


    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-


    Sl. No

    Date of ending of quarter of financial year

    Due date of filing of TDS statements

    1.

    30th June

    31st July of the financial year

    2.

    30th September

    31st October of the financial year

    3.

    31st December

    31st January of the financial year

    4.

    31st March

    31st May of the following financial year


    CBDT’s Order dated 20.05.2021 extended the due date for due date for furnishing the TDS statements for the 4th quarter of the financial year 2020-21 is extended to 30th June 2021 against the normal due date of 31st May, 2021 and covers all types of Forms viz., Form No. 24Q, Form No. 26Q and Form No. 27Q.


    Extension of Due Dates in TDS Certificates in Form No. 16A and Form No. 16A


    Circular No. 9/2021 further provides relief in extending the due date for issue of TDS certificates in Form 16 from 15th May 2021 to 30th June 2021.


    It stated that the Certificate of Tax Deducted at Source in Form No 16, required to be furnished to the employee by 15th June 2021 under Rule 31 of the Income-tax Rules, may be furnished on or before 15th July 2021.


    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-

    (a)

    Form No. 16

    if the deduction or payment of tax is under section 192 [Rule 31(1)(a)]

    (b)

    Form No. 16A

    if the deduction is under any other provision of Chapter XVII-B [rule 31(1)(b)]


    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-

    Form No. 16

    By 15th day of June of the financial year immediately following the financial year in which the income was paid and tax deducted [Rule 31(3)]

    Form No. 16A

    Within 15 days from the due date for furnishing the statement of tax deducted at source under rule 31A.  [Rule 31(3)]


    From the above rules, it can be seen that the due date to issue the TDS certificates in Form 16 to the employees is static and is prescribed as 15th June 2021 for the Fy 2020-21 in respect of TDS u/s 192 from salaries.


    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 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. Hence, for any relief, the new extended date needs to be notified, as done in this case. 


    On the contrary, in 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. 

    Read Also

    Is TDS Return Due Date For Quarter 4 FY 2020-21 Extended


    Hence, when the due date for furnishing the TDS statement for the 4th Quarter of FY 2020-21 is extended to 30-6-2021, the due date to issue the TDS certificates is automatically extended to 15-7-2021 by virtue of Rule 31(3). No separate order is required for such extension.


    Also Read:

    New Extended Due Dates for Income-tax Compliances

    All about Due Date for TDS/TCS Payment and TDS/TCS Returns and issue of TDS/TCS Certificates

    CBDT issues Order to extend Due Date for ITR, TDS and Other Compliances by Taxpayers

    CBDT Extends Due Date for ITR, TDS, Tax Audit, SFTs and Other Compliances

    Is TDS Return Due Date For Quarter 4 FY 2020-21 Extended



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