Wednesday, December 7, 2016

Form 26A introduced for removing default of Short Deduction and Non Deduction of TDS

Furnishing and Verification of Form 26A for removing of default of Short Deduction and/or Non deduction of TDS
1. Section 201(1) of Income Tax Act, 1961, any person, including the principal officer of    company, who fails to deduct the whole or any part of the tax in accordance with the provision on the sum paid or   credited to the account of resident shall not be deemed to be assessee in default in respect of such tax if such resident-
(i)                 has furnished his return of income under section 139
(ii)                has taken into account such sum for computing income in such return of income; and
(iii)             has paid the tax due on the income declared by him in such return of income                    
 2. As per sub-rule (1) of Rule 31ACB of Income-tax Rules, 1962, the certificate from an accountant under the first proviso to sub-section (1) of section 201 shall be furnished in Form 26A to the Principal Director General of Income-tax (Systems) or the person author issued by the Director General of Income-tax (Systems) in accordance with t he procedures, formats and standards specified under sub-rule (2), and verified in accordance with the procedures, formats and standards specified under sub-rule (2).
3. In exercise of the powers delegated by the Central Board of Direct Taxes (Board) under sub-rule (2) of Rule 31ACB of Income-tax Rules, 1962 the Principal Director General of Income-tax(Systems) hereby authorizes the persons mentioned at Col. No.1 to receive the form-type mentioned in Col. No. 2 to be filed in the mode specified at Col. No. 3 for the assessment years mentioned at Col. NO. 4 and pertinent to defaults under Sect ions of the Act mentioned at Col. No. 5:
Authorized A.O
Form type
Mode of furnishing form

To be used exclusively for default under section
Field Assessing Officer(TDS)[1]
Up to & including 2016-17
201(1) and/or 40(a l(ia)

Up to & including 2016-17
Including & from 2017-18
200A; 201(1) and/or 40(al(ia)

Note1. The AD should ensure that interest on non-deduction of the whole or any part of the tax or failure in payment after deduction as required by or under this Act shall be paid before furnishing the statement in accordance with the provisions of the Act .
Note2:Furnishing of Form 26A in electronic shall be enabled with effect from 15.01.2017.
4. Procedure for electronic filing of Form 26A is as follows:
As there are many defaults in TDS statements so as per Traces to reduce such defaults on account of Shortfall or no deduction the role of the deductor, Chartered Accountant/ Accountant ( if managed in house)for E filing and Traces has been prescribed specifically which is given hereunder:
4.1 Role of Deductor :
Get Details of Short Deduct ion: Deductor needs to submit request to get
details of short deduction .
Enter No Deduction transactions: Deductor needs to enter details of No-
Deduction transaction at TRACES, if any and submit transaction details at
TRACES in the rows provided for this purpose.
Submit Request: On submitting request, a Unique Request Number will be
generated for further reference. The Short- Deduct ion and/or Non-Deduction
request so submitted will be processed by TRACES and the 'successful
transaction will be displayed to the Deductor after certain time. A unique DIN[3]
will be generated by TDSCPC for unique Short deduction transaction. Similarly       
a unique Alpha-Numeric String (combination of TAN, PAN and F.Y.) will be
generated for No-deduction transaction. Both of these unique numbers and
strings will be displayed after successful processing by TRACES. These unique
DINs and Alpha-Numeric Strings will be communicated electronically to E-Filing
Portal and available for further act ion by Deductor.
The deductor will communicate the DINs and/or Alpha-Numeric St rings
generated in step no. 3 for each of the Short-Deduction and/or Non-Deduction
transact ions to the accountant identified for certifying Annexure A and obtain
the membership no. of such accountant to be used in step no. 5.
E-Filing Portal (Login as Deductor)
locate DIN on which Form 26A effect is to be given : Locate and select relevant DIN in menu driven opt ion for which request for Form 26A is to be submitted.

locate No Deduction Transactions on which Form 26A effect is to be given :
locate and select No-Deduction transaction for which request for Form 26A is
to be submitted.
E-Filing Portal
Authorize Membership Number of Accountant [4] : Deductor, after ascertaining
the membership number of the accountant who is to certify Annexure A of
Form 26A, needs to authorize such accountant by entering his membership
number in respect of each of the Short -Deduct ion and Non-Deduction
transactions(in one or more sessions) and submit these authorizations.
E-Filing Portal
Certification from Authorized Accountant : On successful authorization by
Deductor, the Account ant so authorized on E-Filing Portal may fill in the
relevant details in Annexure A to Form 26A with respect to the Deductee in
question and certify by digitally signing Annexure A. The details of unique DINs
and Alpha-Numeric Strings will become visible to the authorized
accountant(when he logs into his own account as a registered accountant on
E-Filing Portal) only when Deductor has authorized such an accountant with
respect to any Short-Deduction and/ or Non-Deduct ion transaction.
E-Filing Portal
Submit Digitally signed Form 26A : Once registered Accountant/Accountants
certify DINs and/or Alpha-Numeric St rings, deductor needs to digit ally sign the
form and submit its final request . Consequently, these submitted records will be shared with the FAOs concerned.
View Modified Status of default : Once request has been processed,
short deduction will be re-calculated and Late Deduction Interest will be generated accordingly, which can be viewed by Deductor.
Make payment for Modified Late Deduction Interest : Deductor needs to pay Late deduction Interest amount, according to the modified computation.
4.2 Role of Accountant at E-Filing:
1.      Accountant has to get himself registered at E-Filing Portal and share his membership number with the Deductor desiring to authorize him with respect to Short-Deduction and/or Non Deduction.
2.      Receive DINs and/or Alpha-Numeric Strings with respect to each of the Short-Deduction and/or Non-Deduction from the Deductor.
3.      After being so authorized by Deductor and upon receiving DINs and/or Alpha-Numeric
4.      Strings from Deductor ; login to E- Fling Portal with Accountant credentials.
5.      Use DINs and/or Alpha-Numeric Strings to identify the Deductee rows which are to be
6.      verified.
7.      Complete Annexure A to Form 26A with respect to the concerned Deductee.
8.      Submit the Annexure A so completed by digitally signing it.
4.3 Role of e-filer:
For Deductor
1.     Provide view of Short-Deduction and/or Non-Deduction transactions to Deductor as communicated to E-Filing Portal electronically by CPC-

2.     Allow Deductor to locate and select Short-Deduction and/or Non-Deduction transactions and authorize Accountant(s) with respect to each of these transactions by entering membership number of Accountant(s).

3.     Allow Accountants so authorized to view
Annexure A to Form 26A on the basis of DIN and/or
Alpha-Numeric String; complete the Annexure; and
submit it by digitally signing it.

4.     Allow Deductor to view Form 26A including
Annexure A to Form 26A so submitted by authorized
Accountant(s) and submit this Form 26A by digitally
signing it.
Check mandatory compliance :
ITR of Deductee(PAN) should have been filed u/s 139 and no demand should be payable at the time of assessment.
Share digitally signed Form 26A with CPC-TDS.
4.4 Role of TRACES:

For Deductor

Backend Processing
1.     Display identified Short-Deduction transactions for viewing of Deductor.

2.     Provide option of adding No-Deduction transactions to Deductor.
3.     Provide DIN and/or Alpha-Numeric String for each transaction after submission by Deductor as per Step 3 of Para 4.1.

4.     Display updated status of submitted Form
26A as received from E-Filing Portal.
 Processing the request: Once Deductor submits          request of Form 26A, TDSCPC will reprocess the statement and Short deduction will be modified.

Contributed by Suhasini CA Finalist at Sandeep Ahuja & Co