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QR – 68 No Extension for Form No. 26QB, 26QC & 26QD

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).

Disclaimer:

Prepared and being disseminated to share information and knowledge with fellow professionals and stakeholders in the public interest. Any error or omission is bona fide, thus disclaimed. In case of any doubt, please refer to referred and relevant texts.

QR – 68 No Extension for Form No. 26QB, 26QC & 26QD

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Profile photo of CA Rajiv Kumar Jain CA Rajiv Kumar Jain

After completing graduation in Commerce in 1975 from Hisar (Haryana), I completed my articles from M/s. S. Prasad & Co., Chartered Accountants, Delhi, and passed CA in the year 1980. Since then I have been in whole-time practice under the name of M/s. Rajiv Jain & Co., and worked as a partner in M/s. K.C.Gupta & Co. from 2008 to 2020. During my tenure in practice, I have excelled in the fields of Direct and Indirect Taxes, Company Law matters, Company and Tax Audits, including an appearance in ITAT and Service Tax Appellate Tribunal. Gradually I have concentrated on Direct Tax, Sales Tax/VAT and Service Tax matters. I regularly prepare articles and updates on direct tax, VAT/CST, and Service Tax GST matters, which are being shared among fellow professionals through emails and mobile for sharing knowledge in view of the continued education programme of ICAI. The object of my involvement in such activities is to share my personal experience relating to human behavior and personality development, professional experience, and the little knowledge about tax laws, especially with young entrants in practice. 1. Attended Seminar of East Delhi CA CPE Study Circle of NIRC of ICAI on 31.5.2010 as a guest speaker and delivered a lecture on ‘various issued on preparing and filing Income Tax returns for A.Y. 2010-11. 2. Attended Seminar of East Delhi CA CPE Study Circle of NIRC of ICAI on 30.6.2011 as a guest speaker and delivered a lecture on ‘Recent issues in Income Tax Act, 1961 and Capital gains with special reference to Section 54 and 54F “and“ Recent issues in Value Added Tax”. 3. Adjudged and awarded the “Upcoming Speaker of NIRC” award in the year 2013. 4. Attended Seminar of East Delhi CA CPE Study Circle of NIRC of ICAI on 17.4.2013 as a guest speaker and delivered lecture on “Recent amendments in DVAT Act and DVAT Rules”. 5. Attended workshop of NIRC on Indirect Taxes and deliberated as guest speaker 18.4.2013 on “Recent amendments in DVAT Act and DVAT Rules”. 6. Attended Seminar of East End CA CPE Study Circle of NIRC of ICAI on 8.6.2013 as guest speaker and delivered a lecture on “Recent amendments in DVAT Act and DVAT Rules”. 7. Attended Seminar of East Delhi CA CPE Study Circle of NIRC of ICAI on 22.6.2013 as guest speaker and delivered a lecture on “Detailed discussion on DVAT and CST provisions with regard to ADVT Audit Report”. 8. Attended Seminar of Shastri Nagar CPE Study Circle of NIRC of ICAI on 7.11.2013 as guest speaker and delivered four hrs. lecture on “ DVAT Audit in Form AR-1”. 9. Attended Seminar of North Campus CPE Study Circle of NIRC of ICAI on 20.11.2013 as guest speaker and delivered a lecture on “ DVAT Audit in Form AR-1”. 10. Attended Seminar of Shastri Nagar CPE Study Circle of NIRC of ICAI on 21.11.2013 as guest speaker and delivered a lecture on “ DVAT Audit in Form AR-1”. 11. Attended Seminar of Laxmi Nagar CPE Study Circle of NIRC of ICAI on 25.8.2014 as guest speaker and delivered a lecture on “ Income Tax Audit u/s 44AB with particular reference to new Forms Audit Report”. 12. Attended Seminar of Laxmi Nagar CPE Study Circle of NIRC of ICAI on 17.10.2014 as guest speaker and delivered a lecture on “ Income Tax Audit u/s 44AB with particular reference to new Forms Audit Report”. 13. Attended Seminar of Laxmi Nagar CPE Study Circle of NIRC of ICAI on 31.1.2015 as a guest speaker and delivered a lecture on “ CST Form -9 with particular reference to the filling of form and practical aspects”. 14. Attended Seminar of Shastri Nagar CPE Study Circle of NIRC of ICAI on 21.2.2015 as a guest speaker and delivered a lecture on “ CST Form No. - 9, DVAT Form No. DP-1 and Recent Circulars on Income Tax”. 15. Attended Seminar of East Delhi CPE Study Circle of NIRC of ICAI on 13.6.2015 as a guest speaker and delivered a lecture on “ Provisions of Finance (No. 2) Act, 2014 and Finance Act 2015 relevant for AY 2015-16 and FY 2016-17” 16. Attended Seminar of East End CPE Study Circle of NIRC of ICAI and CA. Nitin Kanwar & International Tax C.A. Group on 24.6.2015 as guest speaker and delivered lecture on Provisions of Finance (No. 2) Act, 2014 and Finance Act 2015 relevant for AY 2015-16 and FY 2016-17” 17. Attended Seminar of Shastri Nagar CPE Study Circle of NIRC of ICAI on 25.7.2015 as guest speaker and delivered lecture on “ DVAT – Latest Developments – DVAT (2nd Amendment Act), 2015 18. Attended Seminar of Shastri Nagar CPE Study Circle of NIRC of ICAI on 28.11.2015 as guest speaker and delivered lecture on “ DVAT – Latest Developments. 19. Attended Seminar of Tri Nagar Keshav Puram CPE Study Circle of NIRC of ICAI on 2.12.2015 as guest speaker and delivered lecture on “ DVAT – Latest Developments”. 20. Awarded for “Commendable Contribution in the activities of profession” by NIRC in the year 2015 on 20.2.2016. 21. Attended Seminar of Laxmi Nagar CPE Study Circle of NIRC of ICAI on 30.4.2016 as guest speaker and delivered lecture on “ Recent issues on DVAT “ with special reference to returns under DVAT and CST Acts. 22. Attended Seminar of East Delhi CPE Study Circle of NIRC of ICAI on 14.5.2016 as guest speaker and delivered lecture on “ DVAT” and “ICDS” 23. Attended Seminar of Tri Nagar Keshav Puram CPE Study Circle of NIRC of ICAI on 4.6.2016 as guest speaker and delivered lecture on “ TDS/TCS & Advance Tax Amendments in Finance Act,, 2016 with special reference to section 206C as amended by the Finance Act, 2016”. 24. Attended Seminar of Patparganj CPE Study Circle of NIRC of ICAI on 11.6.2016 as guest speaker and delivered lecture on “ TDS/TCS & Advance Tax Amendments in Finance Act,, 2016 with special reference to section 206C as amended by the Finance Act, 2016”. 25. Attended Seminar of East End CPE Study Circle of NIRC of ICAI on 16.6.2016 as guest speaker and delivered lecture on “ Provisions of Section 206C as amended by the Finance Act, 2016”. 26. Attended “workshop on TDS and TCS” organized by NIRC of ICAI on 22.6.2016 as guest speaker and delivered lecture on “ Provisions of Section 206C as amended by the Finance Act, 2016”. 27. Attended Seminar of North Ex Study Circle of NIRC of ICAI on 28.6.2016 as guest speaker and delivered lecture on “Overview of ICDS”. 28. Attended Seminar of North Ex Study Circle of NIRC of ICAI on 29.11.2016 as guest speaker and delivered lecture. 29. Attended Seminar of Laxmi Nagar CPE Study Circle of NIRC of ICAI on 24.12.2016 as guest speaker and delivered lecture on “Demonetization, 2016” with special reference to “Taxation Law (2nd Amendment) Act, 2016. 30. Recently I have been appointed as “special invitee” in Direct Tax Committee (DTC) of ICAI for the year 2019-20. 31. Attended Seminar of North Ex Study Circle of NIRC of ICAI on 16.9.2019 as a guest speaker and delivered lecture on Tax Audit with a new perspective. 32. I have been reappointed as “special invitee” in the Direct Tax Committee (DTC) of ICAI for the year 2020-21. 33. During the Covid-19 pandemic lockdown period delivered a lecture as a guest speaker in Webinar on 9.4.2020 on Interpretation of Relief Ordinance, 2020 dated 31.3.2020. 34. During the Covid-19 pandemic lockdown period delivered a lecture as a guest speaker in Webinar on 15.9.2020 on Tax Audit and Presumption Taxation under Income Tax Act, 196 for East Delhi Study Circle.

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