Tuesday, March 3, 2015

e-TDS :- Is it Mandatory to file Electronic TDS return ?

Friends,  It is general question that e-TDS return is mandatory or not.   There are four categories of Deductions for which TDS returns are mandatory to file in electronic form.  Detail for categories are given below :-
  • Offices of the Government
  • Companies
  • Persons required to get their accounts audited u/s 44AB of the Income Tax Act, 1961
  • Deductors reporting more than 20 deductee records for any quarter in the financial year
Detail information regarding Section 44AB in the word of Income Tax Department  is also given below :-

17[Audit of accounts of certain persons carrying on business or profession.
1844AB. 19Every person,—
(a) carrying on business shall, if his total sales, turnover or gross receipts, as the case may be, in business exceed or exceeds 20[one crore rupees] in any previous year 21[***]; or
(b) carrying on profession shall, if his gross receipts in profession exceed 22[twenty-five lakh rupees] in any 23[previous year; or
(c) carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under 24[section 44AE ] 25[or section 44BB or section 44BBB], as the case may be, and he has claimed his income to be lower than the profits or gains so deemed to be the profits and gains of his business, as the case may be, in any 26[previous year; or]] 27[***]
28[(d) carrying on the business shall, if the profits and gains from the business are deemed to be the profits and gains of such person under section 44AD and he has claimed such income to be lower than the profits and gains so deemed to be the profits and gains of his business and his income exceeds the maximum amount which is not chargeable to income-tax in any previous year,]
get his accounts of such previous year 29[***] audited by an accountant before the specified date and 30[furnish by] that date the report of such audit in the prescribed form duly signed and verified by such accountant and setting forth such particulars as may be prescribed :
31[Provided that this section shall not apply to the person, who derives income of the nature referred to in 32[***] section 44B or 33[section 44BBA], on and from the 1st day of April, 1985 or, as the case may be, the date on which the relevant section came into force, whichever is later :
Provided further that] in a case where such person is required by or under any other law to get his accounts audited 34[***], it shall be sufficient compliance with the provisions of this section if such person gets the accounts of such business or profession audited under such law before the specified date and 35[furnishes by] that date the report of the audit as required under such other law and a further report 36[by an accountant] in the form prescribed under this section.
Explanation.—For the purposes of this section,—
(i) "accountant" shall have the same meaning as in the Explanation below sub-section (2) of section 288;
37[(ii) "specified date", in relation to the accounts of the assessee of the previous year relevant to an assessment year, means 38[the due date for furnishing the return of income under sub-section (1) of section 139].]]

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