
- What is TDS?
- TDS Payment Due Dates
- TDS Return
- TDS Return Filing Due Dates
- Penalty for Late Filing of TDS Returns
- Interest on Late Deposit of TDS
- Consequences of Late TDS Payment
- Penalty for Non-Deduction of TDS
- Prosecution (Sec 276B)
- Difference Between Interest, Late Fee, and Penalty in TDS
- How to Pay TDS Online?
- Conclusion
- FAQS - FREQUENTLY ASKED QUESTIONS
What is TDS?
TDS, short for Tax Deducted at Source, is a type of tax that is levied on payments to individuals or companies if the paid amount crosses certain threshold limits. For example, if a company is paying a salary to an individual, and if this paid amount is eligible for TDS, then at the time of payment the company has to deduct the applicable tax from the original amount and deposit the same with the Income Tax Department. In this way, the recipient gets their salary with tax already deducted at source.
TDS Payment Due Dates
It is the responsibility of the organization deducting the TDS, known as the deductor, to duly pay the applicable TDS to the government before the due date. Generally, the due date for TDS payment is always the 7th day of the next month, with a few exceptions. For example, an organization that wants to pay TDS for July must make the TDS payment by the 7th of August. One notable exception is the month of March, TDS payments for which can be made upto the 30th of April. For government assessees paying TDS without challan, the TDS payment has to be done on the same day that the original transaction was completed.
TDS Return
Once the deductor has deposited the TDS, they must also file the TDS return. The TDS return is a detailed account of TDS paid to the government, along with the challan information, at the end of each quarter.
TDS Return Filing Due Dates
The due dates of mandatory TDS filing are as follows:
- 1st Quarter - 1st April to 30th June - 31st July
- 2nd Quarter - 1st July to 30th September - 31st October
- 3rd Quarter - 1st October to 31st December - 31st January
- 4th Quarter - 1st January to 31st March - 31st May
Penalty for Late Filing of TDS Returns
Late Fees Under Section 234E
If you delay the payment of TDS beyond the TDS due date then under Section 234E (Section 427 under the Income Tax Act of 2025), you will have to pay charges of ₹200 per day until the charge fee is equal to the return filing amount that is TDS.
This fee is a mandatory, non-discretionary levy. It is automatically triggered the moment a delay occurs and is not subject to the discretion of any authority. Therefore, the outstanding fee has to be paid in full before filing the belated return, as the e-filing portal does not allow submission of the return without advance payment of the outstanding fee. Section 427 applies to TDS returns filed in specified forms.
Penalty (Sec 271H)
The penalty under Section 271H is separate and is in addition to the late filing fee under Section 234E of the Income Tax Act. Additionally, Section 271H also addresses penalties related to incorrect filing of TDS returns. If the following conditions are fulfilled, no penalty will be levied under section 271H in case of delayed filing of the TDS/TCS return:
- The TDS/TCS return is submitted within one year from the specified due date.
- The tax deducted/collected at source is paid to the credit of the Government
- Any applicable late filing fees and interest have been paid to the Government.
Interest on Late Deposit of TDS
The interest payable on the late deposit of TDS is as follows -
| Relevant Section of the Income Tax Act, 1961 | Nature of Default | Interest is Subject to the TDS/TCS Amount | Duration for Interest Payment |
|---|---|---|---|
| 201(1A)(i) | TDS not deducted (fully or partially) | 1% per month | From the date the tax was deductible to the date it was actually deducted |
| 201(1A)(ii) | TDS not deposited to the government after deduction (fully or partially) | 1.5% per month | From the date of tax deduction to the date of deposit |
Note : The interest on the late deposit of TDS should be paid before filing the TDS return. According to Section 201(1A), if TDS is deposited late after deduction, interest must be paid. It is calculated at a rate of 1.5% per month from the date the TDS was deducted until the actual date of deposit. The interest on such a late deposit is calculated starting from the date TDS was deducted, not from the due date for TDS payment. The interest is to be calculated every month and not on the number of days, i.e., any part of a month is treated as a full month. The term "month" is not defined in the Income Tax Act 1961. However, various High Court rulings suggest that it should be considered as a period of 30 days rather than an English calendar month. Let's consider an example where the TDS was deducted on 21st February 2024 and the due date is 7th March 2024. If the TDS is actually deposited on 8th March 2024 (one day after the due date), the interest on the late deposit will be calculated from 21st February 2024, and not from 7th March 2024 through 8th March 2024. This results in interest charges for a period of 2 months due to a delay of just one day. Therefore, you would owe interest at 1.5% per month for 2 months, totalling 3% on the TDS amount.
Also Read: Belated Return: Section 139(4), Penalty, How to File Income Tax Return After Due Date?
Consequences of Late TDS Payment
Besides the late fee, penalty and interest, there are other consequences of late TDS payment. As per Section 398 of the Income-tax Act, 2025 (old Section 201/201(1A)), the consequences are given below:
Treated as "Assessee in Default":
- The deductor shall be deemed to be an assessee in default under section 398.
- The TDS amount is fully recoverable as tax arrears.
- The deductor can be subjected to recovery proceedings.
Disallowance of Expenditure:
- As per section 37 (old section 40(a)(ia) of the new Act, if TDS is not deducted or not deposited, 30% of the expense is disallowed in the hands of the deductor.
Penalty for Non-Deduction of TDS
Under Section 448 of the Income-tax Act, 2025 (corresponding to Section 271C of the old Act), a penalty equal to the amount of TDS not deducted — effectively 100% of the TDS amount — is levied on any person who either fails to deduct TDS wholly or partly, or fails to pay TDS, other than advance tax, as required under Chapter XIX-B. This penalty is imposed by the Joint Commissioner of Income Tax.An equivalent provision exists under Section 449 of the Income-tax Act, 2025 (corresponding to Section 271CA of the old Act) in relation to Tax Collected at Source, where the penalty is equal to the amount of TCS not collected.
Note: Penalty under Section 448 is separate from and in addition to interest under Section 398. Both can be levied simultaneously.
Prosecution (Sec 276B)
If an individual fails to remit TDS to the Central Government as mandated under Chapter XVII-B of the Income Tax Act, 1961, they may face rigorous imprisonment. The minimum prison term is three months, which can extend up to seven years, along with a monetary fine.
Difference Between Interest, Late Fee, and Penalty in TDS
| Particulars | Interest | Late Fee | Penalty |
|---|---|---|---|
| Section (New Act) | 398 | 427 | 448 / 449 |
| Old Section | 201(1A) | 234E | 271C / 271CA |
| Nature | Compensatory | Fee for procedural default | Punitive |
| When Triggered | Late deduction or late deposit of TDS | Late filing of TDS return | Non-deduction / non-collection of TDS |
| Rate / Amount | 1% p.m. (late deduction); 1.5% p.m. (late deposit) | ₹200 per day | 100% of TDS not deducted |
| Maximum Limit | No cap | Capped at TDS amount in return | Equal to TDS amount |
| Discretionary? | No. Mandatory | No. Mandatory | Yes. Levied by Joint Commissioner |
| Waiver Possible? | No | No | Yes, under Section 469 (reasonable cause) |
| Paid Before Filing? | No | Yes (mandatory before TDS return filing) | Separate demand |
How to Pay TDS Online?
TDS is paid online through the TRACES / Income Tax e-filing portal using Challan ITNS 281, as prescribed under Section 397 read with the Income Tax Rules, 2026.
- Go to the Income Tax e-filing portal: www.incometax.gov.in
- Log in with TAN (Tax Deduction Account Number) and password.
- Navigate to e-Pay Tax → Select TDS/TCS Payment.
- Select Challan ITNS 281.
- Fill in details:
- TAN of deductor
- Nature of payment (e.g., salary, contractor, professional fees, mapped to Section 392/393 Table entries)
- Assessment Year / Tax Year
- Amount of TDS + Interest (if any)
- Select the mode of payment. Net banking or debit card of authorized banks.
- Upon successful payment, a challan counterfoil (BSR code, challan serial number, and date) is generated. This counterfoil must be used while filing TDS returns.
Note:
- TDS paid by government deductors without a challan (book entry) is through Form 24G.
- TAN is mandatory for all deductors under section 397 (old section 203A) except a resident individual purchasing immovable property from a non-resident, which is now exempt from the TAN requirement (change in the Finance Act, 2026, as highlighted in the preface).
- The quarterly TDS return has to be filed with the challan BSR Code and Serial Number.
Conclusion
Thus, all companies and organizations are required by law to deduct TDS from their payments, pay those taxes to the government before the due date, and duly file their TDS returns before the due date. Non-payment or delay in filing of TDS attracts a penalty of Rs. 200 per day until the amount is paid. So if you or your organization is eligible for TDS E payment and filing, make sure you do so on time and without fail.
Also Read: Penalty for Filing Income Tax Return Late
FAQS - FREQUENTLY ASKED QUESTIONS
TDS returns are filed monthly or quarterly?
Filing of TDS (Tax Deducted at Source) return is mandatory for every person who has deducted TDS. The returns are submitted quarterly, and details pertaining to the deduction of TDS need to be submitted. These details include TAN (Tax deduction and collection Account Number), type of payment, PAN of deductee (taxpayer) and the amount of TDS deducted etc.
The due dates for filing TDS are:
- 1st Quarter - for the period between 1st April to 30th June, the due date for filing is 31st July.
- 2nd Quarter - for the period between 1st July to 30th September, the due date for filing is 31st October.
- 3rd Quarter - for the period between 1st October to 31st December, the due date for filing is 31st January.
- 4th Quarter - for the period between 1st January to 31st March, the due date for filing is31st May.
Forms for filing tds returns?
There are different forms which cater to the different purposes of deduction of TDS depending on the nature of the transaction.
- Form 24Q for tax deducted at source for salaried people. It is a quarterly statement.
- Form 26Q for tax deducted at the source which covers all sorts of payments except salaries. It is a quarterly statement.
- Form 27Q for deduction of tax from dividends, interest or any other sum payable to non-residents. It is a quarterly statement.
- Form 26QB is a statement cum challan of deduction of tax under Section 194-1A.
- Form 26 QC is a statement cum challan of deduction of tax under Section 194-1B.
- Form 27 EQ is the collection of tax at source (TCS). It is a quarterly statement.
Why is it compulsory to file tds return?
It is mandatory to file TDS returns as per the Income Tax Act, of 1961. Some of the benefits of filing TDS are:
- ensures regular income to the Government.
- helps in the collection of taxes on a regular basis.
- offers an easy mode of tax payment to the payer.
- the burden of lump sum payment is reduced since the TDS has to be filed quarterly.
Section 234E of the Income Tax Act states that if the assessee fails to file a TDS return on or before the due date, then a fine of Rs. 200 per day will be charged. However, the total penalty should not exceed the TDS amount.
In case the assessee has not filed TDS for a year from the due date or has provided incorrect information, then the penalty amount is between Rs. 10,000 and Rs. 100,000. So, to avoid late payment charges, it is better to file TDS returns on time.
Who is not liable to pay tds?
If a person is making payment to an individual or HUF whose books are not audited needs not pay TDS. Furthermore, TDS is not required to be deducted if payment is made to RBI, Government, or a mutual fund. If payment is made to a transporter, who owns 10 or fewer goods carriers, and is in a business requiring leasing, hiring or plying goods carriage. Such a person needs to fill Form 26Q with the details of the non-deduction of tax along with the PAN of the payee. TDS is not applicable if payment is made to a non-resident person for carrying out any work.
What are the types of tds ?
The income sources that qualify for the different types of TDS are:
- Salary - This has to be filed under Section 192. TDS on salary is the same as the tax slab rate, which is as follows:
- No TDS on an annual income of up to Rs. 2.5 lakhs.
- 5% TDS if annual income is between Rs. 2.5 lakhs to Rs. 5 lakhs.
- 10% TDS if annual income is between Rs. 5 lakhs to Rs. 7.5 lakhs.
- 15% TDS if it is between Rs. 7.5 to Rs. 10 lakhs.
- 20% TDS if it is between Rs. 10 lakhs to Rs. 12.5 lakhs.
- 25% TDS liability if annual income is between Rs. 12.5 to Rs. 15 lakhs.
- 30% if it is above Rs. 15 lakhs.
- Commission payments - Under Section 194H. The TDS deducted is 10%. If the payee fails to furnish, PAN, then the rate of TDS on brokerage and commission is 20%.
- Bank interest - TDS applies only if the interest earned from fixed deposits increases by Rs. 40,000. In the case of senior citizen taxpayers, the interest earned from fixed deposits is Rs. 50,000. The TDS liability in such a scenario is 10%. This can be filed under Section 194A.
- Amount under LIC - If the sum payable under a life insurance policy is less than Rs. 1,00,000, then TDS is not deducted. If it is more than Rs. 1,00,000, then the applicable TDS is 5%. This has to be filed under Section 194DA.
- Brokerage - Under Section 194H, the TDS liability is 5%. This is applicable only if the brokerage is more than Rs. 15,000 in the given financial year.
- Payment of rent - the rent earned from land or building attracts 10%. The threshold limit is Rs. 2,40,000 in a financial year.
- Interest paid on debentures - if it is less than Rs. 5,000 in the financial year, then TDS is not deducted. If it is more than this, then TDS is deducted, and it has to be filed under Section 193.
- Interest on securities - Anyone giving an interest income on security to a citizen of India should deduct tax before releasing the payment. The TDS deducted is 10% and should be filed under Section 193.
- Winning from a lottery, games etc. - TDS deducted is 30% under Section 194B and Section 194BB. TDS is not deducted if the winning amount in a lottery or game is less than Rs. 10,000.
- Senior citizen saving scheme-interest earned up to Rs. 40,000 is exempted from TDS. Anything above that is liable for TDS payment under Section 194A.
- Fees from professional services- Rs. 30,000 is exempted. Anything above this will be liable for TDS deduction under Section 194J.
- Transfer or sale of immovable property- a person buying the property should deduct a tax of 1% on the sum paid or the stamp duty value of the property. This tax is deducted depending on whichever is higher. It should be filed in Section 194-1A.
- Contractor payment- TDS of 1% should be deducted if payment is made to resident individuals or HUF. TDS of 2% should be deducted if payment is made to a resident person other than HUF or an individual. It has to be filed under Section 194C.
- Remuneration paid to the director of a company - TDS is applied to the salary paid to a full-time director, managing director or executive director under Section 192. 10% TDS will be applied, and it has to be filed under Section 194J.
- Insurance commission - the applicable TDS is 5% for a person who is an insurance agent. TDS deducted is 10% for domestic companies and 20% when the PAN is not furnished by the payee.
The information contained herein is generic in nature and is meant for educational purposes only. Nothing here is to be construed as an investment or financial or taxation advice nor to be considered as an invitation or solicitation or advertisement for any financial product. Readers are advised to exercise discretion and should seek independent professional advice prior to making any investment decision in relation to any financial product. Aditya Birla Capital Group is not liable for any decision arising out of the use of this information.

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