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TDS Notice Reply for it services firms in Guindy

Guindy TDS Notice Reply — Chennai South

the business activity radiating outward from Guindy Industrial Estate and nearby commercial pockets — with a documented, audit-ready process

Handling TDS Notice Reply for Guindy and Saidapet clients — fixed fee, deterministic turnaround and archived working papers. Call 9566-068-468.

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Quick Answer

What is the difference between Karnataka HC Fatehraj Singhvi and Gujarat HC Rajesh Kourani in Guindy, Chennai?

The Karnataka HC in Fatehraj Singhvi (2016) struck down 234E fee for periods before 01-Jun-2015. The Gujarat HC in Rajesh Kourani v. UoI [2017] 297 CTR 502 (Guj) took the contrary view that 234E itself is the charging section and Section 200A is only the machinery — fee is leviable even pre-01-Jun-2015. Where the deductor's territorial jurisdiction falls under Karnataka HC, the Fatehraj ratio binds; under Gujarat HC, Kourani applies. Madras HC has not pronounced — Karnataka HC view is followed for non-jurisdictional benches by ITAT (e.g. Sonalac Paints, Mumbai ITAT).

Transparent Pricing

TDS Notice Reply in Guindy — Plans & Pricing

Fixed fees · Zero hidden charges · Call 9566-068-468 for a custom quote.

MonthlyAnnualSave 2 Months
Basic Reply
Section 200A intimation reply
₹2,500/per notice

  • Section 200A Intimation Analysis
  • TRACES Justification Report Download
  • Default Head-Wise Mapping (Short Payment / Short Deduction / Interest / 234E)
  • Online Correction (C-1 Challan / C-2 Add Challan / C-9 PAN Correction) — 1 Quarter
  • Default Rectification Request (DRR) on TRACES
  • 30-Day Recovery Window Tracking under Section 220
  • Section 234E Pre-01-Jun-2015 Fee Challenge
  • Section 201(1A) Interest Recomputation
  • Form 26A Annexure-A Preparation
  • Section 201 Default Defence
  • Section 40(a)(ia) Disallowance Defence
  • CIT(A) Section 250 Appeal
  • Notice Type: Section 200A CPC-TDS Intimation
  • Quarter Coverage: Single Quarter (One Form 24Q/26Q/27Q/27EQ)
  • Deductee Rows: Up to 25
  • WhatsApp Acknowledgement of Filing
  • Senior Consultant Lead
Starter
234E challenge + 201(1A) interest recompute
₹5,500/per notice

  • Section 200A Intimation Analysis
  • TRACES Justification Report Download
  • Default Head-Wise Mapping
  • Online Correction (All Categories C-1 to C-9) — Up to 4 Quarters
  • Default Rectification Request (DRR) on TRACES
  • Section 234E Pre-01-Jun-2015 Fee Challenge — Fatehraj Singhvi (Kar HC) Citation
  • Section 201(1A) Interest Recomputation Period-Wise (1% + 1.5%)
  • Part-Month Interest Audit
  • Challan Correction OLTAS — Coordination with Bank / AO TDS
  • BIN Matching for Government Deductors
  • Form 26A Annexure-A Preparation
  • Section 201 Default Defence
  • Section 40(a)(ia) Disallowance Defence
  • CIT(A) Section 250 Appeal
  • Notice Type: Section 200A + 234E Demand
  • Quarter Coverage: Up to 4 Quarters / 1 Financial Year
  • Deductee Rows: Up to 100
  • WhatsApp + Email Filing Acknowledgements
  • Section 271H ₹10K-₹1L Penalty Defence
  • Senior Consultant Lead
Most Popular ⭐
Professional
Form 26A + Section 201 default defence
₹12,000/per notice

  • Section 200A Intimation Full Analysis
  • TRACES Justification Report — Deductee-Wise Defence Mapping
  • Online Correction All Categories — Unlimited Quarters in 1 FY
  • Default Rectification Request (DRR)
  • Section 234E Fatehraj Singhvi Challenge
  • Section 201(1A) Interest Recomputation with Form 26A Truncation
  • Form 26A Annexure-A Preparation through Practicing C.A.
  • Online Filing of Form 26A on TRACES (Deductor + C.A. Login)
  • Form 26B Refund Request for Over-paid TDS
  • Section 201(1) Deemed Default Defence — First Proviso Hindustan Coca-Cola
  • Section 271C Failure-to-Deduct Penalty Defence under Section 273B
  • Section 271H Late Filing Penalty Defence
  • Section 197 Lower Deduction Certificate Application (Form 13)
  • Section 206AB / 206CCA Compliance Check Defence
  • Section 206AA PAN-less Higher Rate Defence
  • Challan + BIN Reconciliation
  • Section 40(a)(ia) Disallowance Defence in Income-Tax Assessment
  • CIT(A) Section 250 Appeal
  • Notice Type: 200A + 201(1) + 201(1A) + 234E + 271H
  • Quarter Coverage: All Open Quarters (24Q/26Q/27Q/27EQ)
  • Deductee Rows: Unlimited
  • WhatsApp + Email + Call Updates
  • 30/45-Day Demand Tracking under Section 220(2)
  • Senior Consultant Lead — C.A. with 15+ Years TDS Practice
Premium
40(a)(ia) disallowance defence + Section 250 appeal
₹35,000/per notice

  • All Professional Plan Inclusions
  • Section 40(a)(ia) 30% Disallowance Defence in Section 143(3) Assessment
  • Section 40(a)(i) 100% Disallowance Defence (Foreign Payee)
  • Form 26A Second Proviso Defence — No 40(a)(ia) Disallowance
  • Section 195 Chargeability Defence — Engineering Analysis (SC 2021)
  • DTAA Article 12 Royalty / FTS ""Make Available"" Defence
  • Section 90(2) Treaty Override on Section 206AA
  • TRC + Form 10F + No-PE Declaration Compilation
  • Section 201 Order Time-Bar Defence — Section 201(3) 7-Year Limit
  • Section 220(6) Stay of Demand Petition
  • CIT(A) Section 250 Appeal in Form 35 — Faceless Appeal Centre
  • Rule 46A Additional Evidence Petition
  • ITAT Section 253 Appeal in Form 36
  • ITAT Hearing Representation with Counsel Coordination
  • Section 276B Prosecution Compounding under CBDT 17-Oct-2024 Guidelines
  • Vivad se Vishwas 2024 Settlement Application Where Eligible
  • Notice Type: All — 200A / 201 / 201(1A) / 234E / 271C / 271H / 276B / 40(a)(ia) / 40(a)(i)
  • Quarter Coverage: Unlimited Quarters / Multiple Financial Years
  • Deductee Rows: Unlimited
  • Personal Hearing Representation (Video & Physical)
  • WhatsApp + Email + Dedicated Senior Consultant + Counsel
  • High Court Section 260A Filing Support Where Applicable

Swipe to see all plans

Prices exclude GST. For enterprise pricing, call 9566-068-468.

Why FilingPro?

Why Guindy Clients Choose FilingPro

Expert TDS Notice Reply in Guindy — qualified professionals, 15+ years experience, zero-penalty track record.

Section 201(1A) Interest Recomputation

Each interest row in the Justification Report is recomputed manually — date-deductible, date-deducted, date-deposited audited against challans and books. Form 26A truncation up to deductee return-date applied to the 1% leg. Average interest reduction: 35% to 60%.

Section 40(a)(ia) Second Proviso Defence

Once Form 26A is accepted on TRACES, the second proviso to Section 40(a)(ia) is invoked in the deductor's Section 143(3) assessment to defeat the 30% expense disallowance — Form 26A pulls double duty for Guindy clients.

Online Correction All Categories C-1 to C-9

Our team handles every Online Correction category — C-1 challan correction, C-2 add challan, C-3 personal info, C-4 salary detail, C-5 deductee detail, C-6 row movement, C-7 PAN-Aadhaar, C-8 add challan with row, C-9 PAN correction. Conso File downloaded, corrected, validated through FVU and uploaded same day.

Default Rectification Request (DRR) for CPC Errors

Where the underlying statement is correct but CPC-TDS has wrongly raised default — challan paid but not visible due to OLTAS / BIN issue, double-counted interest — Default Rectification Request is raised on TRACES; CPC-TDS Ghaziabad responds in 30-45 days.

Section 195 Engineering Analysis Defence

For Section 195 short-deduction on software / cloud / SaaS payments to non-residents, Engineering Analysis Centre of Excellence v. CIT [2021] 432 ITR 471 (SC) is invoked — payment is not royalty under DTAA Article 12, no TDS obligation, no 201 default, no 40(a)(i) disallowance.

Section 206AB Compliance Check Defence

Short-deduction defaults under Section 206AB are defended by producing the dated Compliance Check screenshot from the Reporting Portal proving the deductee was NOT a specified person at the time of payment. Status snapshot is the dispositive evidence.

Key Benefits

What Guindy Clients Get

Every TDS Notice Reply engagement delivers measurable, guaranteed outcomes — expert professionals, on time, every time.

Section 201(1A) Interest Reduced 35-60%
Justification Report interest recomputed manually with Form 26A truncation, part-month audit and challan-date verification — typical reduction 35% to 60% of the originally raised 201(1A) demand.
Section 40(a)(ia) 30% Disallowance Defeated
Once Form 26A is on record, the 30% expense disallowance under Section 40(a)(ia) is defeated in the deductor's Section 143(3) assessment — saves 30% × business expenditure × applicable corporate / individual tax rate.
Section 40(a)(i) 100% Disallowance Defeated for Foreign Payments
For non-resident payments, Section 195 chargeability is challenged through DTAA Article 12 "make available" test, Engineering Analysis (SC 2021) for software, GE India Technology (SC 2010) on chargeability — entire 100% Section 40(a)(i) disallowance dropped.
Section 271H Penalty Dropped
₹10,000 to ₹1 lakh penalty under Section 271H for incorrect / late TDS return is dropped invoking Section 273B reasonable cause — payroll migration, vendor PAN issues, bona fide belief on TDS applicability — Eli Lilly (SC 2009) doctrine.
Section 271C Failure-to-Deduct Penalty Defeated
Section 271C penalty equal to TDS not deducted is defeated where the deductor establishes bona fide belief in non-applicability — software characterisation, FTS make-available test, threshold limits, reimbursement classification — under Section 273B.
Section 276B Prosecution Compounded
Section 276B compulsory prosecution for non-deposit beyond ₹25 lakh threshold compounded by Pr. CCIT — TDS + 1.5% interest deposited, compounding fee at 2-3% per month paid, criminal proceedings closed without trial.
Comparison

Section 200A Intimation vs Section 201 Default Order

Why this matters here — Guindy businesses operate where the cluster of it services, manufacturing, automotive businesses that defines Guindy's commercial fabric, and served by short connections to Saidapet and Adyar and onward to central Chennai.

AspectSection 200A IntimationSection 201 Default Order
Nature of processSummary, computer-driven, non-adversarial; no opportunity of hearing before issue but rectification under Section 154 is availableQuasi-judicial; pre-decisional show-cause and personal hearing mandated by the Madras HC in Tube Investments of India and natural-justice jurisprudence
Liability quantumLate-filing fee under Section 234E at ₹200 per day capped at TDS amount, plus interest under Section 201(1A) for short/late payment surfaced at processingFull TDS shortfall as deductor's primary liability, plus Section 201(1A) interest at 1 per cent per month for non-deduction and 1.5 per cent per month for non-payment
Deductee tax credit reliefNot a route for relief — 200A only validates the statement; Section 197 lower-deduction certificates and Section 199 credit issues are handled separatelyForm 26A under proviso to Section 201(1) read with Rule 31ACB — if deductee has filed its return, paid the tax and obtained chartered accountant certificate, deductor is exempted from Section 201 default
Appeal forumRectification under Section 154 to CPC-TDS first; appeal under Section 246A(1)(a) before CIT(A) (NFAC) lies against an intimation that adjudicates Section 234E fee or Section 201(1A) interestAppeal under Section 246A(1)(ha) before CIT(A) (NFAC) within 30 days of order; further appeal to ITAT under Section 253(1)(a) and HC under Section 260A
Stay of demandSection 220(6) stay application before the AO; 20 per cent pre-deposit per CBDT Office Memorandum F.No.404/72/93-ITCC dated 29 Feb 2016 is the working benchmarkStay before the CIT(A) under inherent powers (Asahi India Safety Glass ratio) or before ITAT under Section 254(2A); writ to Madras HC where serious prejudice is shown
Penalty exposureSection 234E late-filing fee operates here; Section 271H penalty for non-filing or inaccurate statement is initiated separately if delay exceeds one year or particulars are wrongPenalty under Section 271C (failure to deduct) at 100 per cent of TDS, under Section 271CA (failure to collect) and prosecution under Section 276B (failure to deposit) — separate proceedings
Reasonable cause defenceSection 273B reasonable-cause defence is generally not available against Section 234E fee — the fee is automatic per Karnataka HC in Fatheraj Singhvi and Madras HC follow-up rulingsSection 273B is a complete defence against Sections 271C and 271CA penalties; bonafide interpretation, certified opinion or vendor's Form 26A operates to negate mens rea
Strategic response postureRapid reconciliation, correction statement (Form 27A) within the 30-day intimation window, Section 154 rectification for system errors; 234E challenge route is largely foreclosedDetailed factual reply to Section 201 show-cause, Form 26A from deductees where possible, written submissions citing GE Technology Centre and Hindustan Coca-Cola; preserve appellate record
Statutory anchorComputer-processed intimation generated by CPC-TDS under Section 200A(1) of the Income Tax Act 1961 after processing the TDS statement filed under Section 200(3)Quasi-judicial order passed by the jurisdictional Assessing Officer (TDS) under Section 201(1) read with Section 201(1A) treating the deductor as an assessee-in-default
TriggerArithmetical errors, incorrect claim apparent from the statement, short payment as per challan-statement match, or late-filing fee under Section 234E surfaced during automated processingFailure to deduct, short deduction, failure to deposit after deduction, or wrong-section deduction noticed by the AO after enquiry under Section 201(1) read with Rule 31A reconciliation
Issuing authorityCentralised Processing Cell-TDS at Vaishali, Ghaziabad, operating as the prescribed authority under the Centralised Processing of Statements Scheme 2013Jurisdictional Assessing Officer (TDS) — for Chennai deductors this is the ITO/ACIT (TDS) wards at Nungambakkam, after issuing a Section 201 show-cause notice with opportunity of hearing
Limitation periodMust be issued within one year from the end of the financial year in which the statement is filed per the proviso to Section 200A(1)Seven years from the end of the financial year in which payment is made or credit is given, per Section 201(3) as substituted by Finance (No. 2) Act 2024 (earlier six years)
Documents Required

Documents for TDS Notice Reply

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Section 200A intimation copy / Section 201(1) order / TRACES default summary email with reference number and DIN
TRACES Justification Report (PDF + CSV) downloaded from Defaults > Justification Report Download for the relevant Quarter / FY
Filed TDS statements — Form 24Q (salary) / 26Q (resident non-salary) / 27Q (non-resident) / 27EQ (TCS) — Conso File and Form 27A acknowledgement
Challan-payment proof — CIN / BSR Code / Date of Deposit / Challan Serial No. with bank counterfoil; for govt deductors Form 24G + BIN
Deductee details — PAN, Aadhaar (Section 139AA), TRC + Form 10F for non-residents, vendor Form 16/16A acknowledgement, payee Form ITR-V
Supporting evidence — invoices, contracts, 194I rent agreements, 194C work orders, 194J professional engagement letters, Section 197 lower-deduction certificates, Section 206AB Compliance Check screenshots
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Statutory Deadlines

Compliance deadlines that matter

Miss any of these and the next consequence kicks in automatically.

Deadlines in this neighbourhood — Guindy businesses operate where the business activity radiating outward from Guindy Industrial Estate and nearby commercial pockets.

Trigger eventDaysFormConsequence
Service of Section 200A intimation by CPC-TDS30 daysOnline response on TRACESSection 220(2) interest at one per cent per month accrues from day thirty-one onward
Service of Section 201(1) order treating deductor as assessee in default30 daysForm 35 first appealRight of first appeal under Section 246A lapses subject to delay condonation
Filing of corrected TDS statement to extinguish short-deduction default365 daysConso File correction through TRACESSection 271H(3) immunity window closes on completion of one year from due date
Outer limit for passing Section 201(1) order2555 daysNot applicableLimitation under Section 201(3) bars passing of order beyond seven financial years
Receipt of Section 200A intimation by email or post30 daysOnline Correction / DRR on TRACESDemand becomes recoverable under Section 220(1) with Section 220(2) interest at 1% per month and Section 221 penalty risk
Receipt of Section 201(1) deemed-default order by email30 daysForm 35 CIT(A) appeal / Section 220(6) stay applicationSection 220(2) interest at 1% per month accrues; PAN-level recovery tag activates on TRACES blocking refunds
Section 234E late-fee crystallisation on Section 200(3) due-date breachOn due dateForm 26Q / 24Q / 27Q / 27EQ — file immediately on defaultFee accrues at ₹200/day from the due-date until statement filed; capped at TDS amount; Section 271H penalty notice within 12 months
Filing Section 220(6) stay application pending first appeal30 daysStay application to Assessing OfficerTwenty per cent pre-deposit norm under Instruction 1914 applies absent stay

Deadline pressure points we see in Guindy: For Guindy engagements specifically — for Guindy units balancing production cycles with monthly GST and quarterly TDS compliance.

Forms Library

Forms used in this engagement

Justification ReportDefault justification report from TRACES

Auto-generated PDF and CSV report listing default heads — short payment, short deduction, late deduction, late payment, interest and fee — against a processed quarterly statement.

Available within seven to ten days of intimation issue Generated by CPC-TDS Ghaziabad on TRACES
Form 26ACertificate from accountant under first proviso to Section 201(1)

Certifies that the deductee has filed return, included the receipt and paid the tax, thereby extinguishing the deductor's deemed-default exposure.

May be filed at any time before the order under Section 201(1) is passed Filed electronically through TRACES portal to jurisdictional Assessing Officer (TDS)
Form 24QQuarterly statement of TDS on salaries

Carries deductee-wise particulars of tax deducted from salary payments under Section 192, with Annexure II in the fourth quarter for salary computation.

Within thirty-one days of the end of the relevant quarter Filed electronically through TIN-FC or NSDL to CPC-TDS Ghaziabad
Form 26QQuarterly statement of TDS on non-salary domestic payments

Carries deductee-wise particulars of tax deducted on payments to residents other than salaries — Sections 194 to 194T as applicable.

Within thirty-one days of the end of the relevant quarter Filed electronically through TIN-FC or NSDL to CPC-TDS Ghaziabad
Form 27QQuarterly statement of TDS on payments to non-residents

Carries deductee-wise particulars of tax deducted on payments to non-residents under Section 195, with country code, residential status and DTAA rate fields.

Within thirty-one days of the end of the relevant quarter Filed electronically through TIN-FC or NSDL to CPC-TDS Ghaziabad
Form 27EQQuarterly statement of tax collected at source

Carries collectee-wise particulars of tax collected under Section 206C, covering scrap, timber, motor vehicles, foreign remittance and overseas tour package items.

Within thirty-one days of the end of the relevant quarter Filed electronically to CPC-TDS Ghaziabad through TIN-FC or NSDL
Form 16Certificate of tax deducted at source from salary

Issued to salaried employees evidencing tax deducted under Section 192, carrying Part A from TRACES and Part B with detailed salary computation.

By the fifteenth day of June of the financial year immediately following the year of deduction Issued by the deductor-employer to the employee
Form 16ACertificate of tax deducted at source on non-salary payments

Issued to deductees evidencing tax deducted on payments other than salary, downloaded from TRACES with verifiable certificate-number for credit reconciliation.

Within fifteen days of the due date for furnishing the quarterly statement Issued by the deductor to the deductee

TDS Notice Reply in Guindy, Chennai 600032

Approvals, acknowledgements and queries for Guindy businesses tie back to the Guindy Division, so our TDS Notice Reply cadence accounts for how that office works. Statutory correspondence for Guindy businesses routes through the Guindy Division, so we align every TDS Notice Reply engagement to that jurisdiction from the start. For TDS Notice Reply at PIN 600032, understanding the Guindy Division's documentation norms removes most of the friction from the process. The 600xx geo-zone covering Guindy groups several locality clusters under common administration, keeping documentation expectations predictable.

Document pickup near Guindy Industrial Estate is a same-hour errand for our Guindy engagements rather than the half-day a typical Chennai client expects. Guindy sustains a high flow of commerce for a it industrial mixed corridor locality, and that flow is the raw material for the TDS Notice Reply files we close here. Guindy reads as a it industrial mixed corridor pocket with high commercial activity, anchored around Guindy Industrial Estate and fed by the Guindy Suburban Railway corridor. The it industrial mixed corridor mix of Guindy shapes what lands in our workpapers — a blend of it services activity and the commercial pulse around Guindy Industrial Estate.

manufacturing units around Guindy share recurring TDS Notice Reply patterns — input-credit timing, vendor reconciliation, and sector-specific documentation. TDS Notice Reply for manufacturing businesses in Guindy hinges on getting the sector's recurring entries right the first time. A manufacturing operator in Guindy gets a TDS Notice Reply workflow shaped by sector norms, not a one-size-fits-all template. We have closed enough TDS Notice Reply files for manufacturing firms near Guindy to know where the department usually probes.

The qualified-review step on every Guindy TDS Notice Reply file is where errors get caught before they reach the portal. Working papers for Guindy TDS Notice Reply engagements stay archived and retrievable, which makes any later notice or query straightforward to answer. We keep a repeatable TDS Notice Reply checklist for Guindy so nothing in the cycle is improvised or missed. A Guindy client sees the same TDS Notice Reply cadence each cycle: intake, reconciliation, review, filing, acknowledgement.

Serving Guindy and Adyar from one team keeps TDS Notice Reply turnaround identical across the cluster. Businesses straddling Guindy and Adyar get a single TDS Notice Reply point of contact rather than two. We treat Guindy and Adyar as one catchment for TDS Notice Reply, which keeps documentation and turnaround consistent. Group companies spread across Guindy and Adyar consolidate their TDS Notice Reply under one engagement with us.

Sector signals in Guindy — seasonal industrial swings and peak-period volumes — shape how we schedule TDS Notice Reply work. The TDS Notice Reply mistakes we see most in Guindy are avoidable with disciplined intake, which our checklist enforces. Over several cycles in Guindy, the recurring TDS Notice Reply issues cluster around a predictable short list we screen for early. Recurring gaps in Guindy industrial records are the first thing our TDS Notice Reply review closes out.

Incorporating in Guindy comes with jurisdiction, registration and TDS Notice Reply steps that we sequence so nothing stalls the launch. First-time TDS Notice Reply for a Guindy business is where getting the basics right saves years of cleanup later. New manufacturing ventures in Guindy lean on us to stand up TDS Notice Reply correctly before the first deadline rather than after a notice. Shifting principal place of business to Guindy means updating jurisdiction to the Chennai South, and we manage the paperwork end-to-end.

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Expert Guide

TDS Notice Reply in Guindy — Complete Guide

Most TRACES short-deduction defaults raised on Guindy (600032) deductors at 20% under Section 206AA (PAN issues) or 1% / 2% / 10% short-rate are extinguished through Form 26A under the first proviso to Section 201(1) — codifying CIT v. Hindustan Coca-Cola Beverages [2007] 293 ITR 226 (SC). Our partner Chartered Accountant verifies the deductee's ITR-V, computation and tax-payment proof, signs Annexure A with DSC, and the default is reduced to NIL on TRACES. The second proviso to Section 40(a)(ia) then automatically kills the 30% expense disallowance in the deductor's assessment.

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Key Facts — TDS Notice Reply in Guindy
Section 200A intimation reply with line-by-line Justification Report mapping — short payment, short deduction, 201(1A) interest and 234E fee defended on facts
Online Correction filed on TRACES across all categories C-1 through C-9 — challan tagging, PAN correction, deductee row movement, salary detail correction in 24Q Annexure II
Section 234E ₹200 per day late fee challenged on Fatehraj Singhvi (Karnataka HC 2016) for pre-01-Jun-2015 quarters; period-wise computation audited for post-01-Jun-2015 levies
Section 201(1) deemed-default order defended through Form 26A Annexure-A under first proviso — Hindustan Coca-Cola SC 2007 codified relief; default head reduced to NIL on TRACES
Section 201(1A) interest recomputed manually with Form 26A truncation up to deductee return-filing date — saves 1% per month for the post-return period
Section 40(a)(ia) 30% expense disallowance in Section 143(3) assessment defended through second proviso — Form 26A relief extends to business-income computation
Section 195 / 206AA / 90(2) defence for non-resident TDS — DTAA Article 12 "make available" test, Engineering Analysis (SC 2021) for software, TRC + Form 10F + No-PE declaration
Section 271H ₹10K-₹1L penalty for late / incorrect TDS return defended under Section 271H(3) immunity and Section 273B reasonable cause — Eli Lilly SC 2009 doctrine
Section 276B prosecution for non-deposit of TDS — compounding application under CBDT Guidelines dated 17-Oct-2024 with full payment of TDS + 1.5% interest
CIT(A) Section 250 appeal in Form 35 against Section 201 / 271C orders, Section 220(6) stay of demand, ITAT Section 253 representation — Vivad se Vishwas 2024 evaluated
People Also Ask — TDS Notice Reply in Guindy
What is the time limit to reply to a Section 200A intimation?
No separate reply window — but the demand becomes recoverable under Section 220(1) after 30 days of service. Online Correction or Default Rectification Request must be filed within 30 days to avoid recovery, interest under Section 220(2) at 1% per month and penalty under Section 221.
How do I download the TRACES Justification Report?
Login to www.tdscpc.gov.in as Deductor > Defaults > Justification Report Download > select FY, Quarter and Form Type > submit request > download from Requested Downloads after 24 hours. Both PDF (summary) and CSV (deductee-wise) versions are available — both are required for a complete defence.
Does Form 26A wipe out the entire TDS demand?
Form 26A wipes out the principal short-deduction default under Section 201(1) but interest under Section 201(1A)(i) at 1% per month from the date the tax was deductible up to the date the deductee filed his return is still payable by the deductor. The 1.5% interest under 201(1A)(ii) is irrelevant since no deduction occurred.
Can Section 234E fee be challenged for periods before 01-Jun-2015?
Yes — the Karnataka High Court in Fatehraj Singhvi & Ors v. UoI [2016] 73 taxmann.com 252 held that Section 200A(1)(c) authorising 234E adjustment was inserted only w.e.f. 01-Jun-2015 by Finance Act 2015; pre-amendment 234E levies through Section 200A intimation are ultra vires. Multiple ITAT benches (Mumbai, Pune, Chennai) follow this ratio.
What is the difference between Online Correction and Default Rectification Request?
Online Correction (TRACES > Defaults > Request for Correction) is filed by the deductor to amend the TDS statement — challan tagging, PAN correction, deductee row movement, etc. — across categories C-1 to C-9. Default Rectification Request (DRR) is raised against an erroneous default flagged by CPC-TDS where the underlying statement is correct (e.g. challan paid but not visible due to BIN / OLTAS issue).
What is the limitation period for a Section 201 order?
Section 201(3) (substituted by Finance (No. 2) Act 2014) prescribes 7 years from the end of the FY in which payment is made / credit is given for resident payees. For non-resident payees there is no statutory time-limit; courts have read in a reasonable period (Vodafone Idea / Mahindra Holidays line). Time-barred 201 orders are quashable in writ.
Can I challenge Section 234E late-filing fee on reasonable-cause grounds?

Generally no. Section 234E is treated as automatic and not amenable to Section 273B reasonable-cause defence. Limited relief may be available for TRACES system-downtime periods or for the pre-1 June 2015 window where Section 200A had no enabling clause for the levy.

What is the limitation period for filing a correction TDS statement?

There is no specific outer limit for filing correction statements; however, practically, corrections should be filed before assessment becomes time-barred at the deductee's end and within the Section 200A intimation response window of 30 days for system-flagged defects.

What penalty applies if I fail to file Form 24Q on time?

Section 234E late-filing fee at ₹200 per day applies, capped at the TDS amount. Where delay exceeds one year or particulars are inaccurate, Section 271H penalty of ₹10,000 to ₹1,00,000 may also be levied. Section 273B reasonable-cause defence is available.

What is the second proviso to Section 271H?

The second proviso to Section 271H exempts penalty where (i) TDS has been deposited within the prescribed time, (ii) Section 234E late-filing fee has been paid, and (iii) the statement is filed before one year from the original due date. All three conditions must be met cumulatively.

How do I respond to a Section 156 demand notice issued post-Section 201?

File appeal under Section 246A within 30 days; simultaneously file Section 220(6) stay application before the AO citing the CBDT 20 per cent pre-deposit benchmark. Pay 20 per cent within the stay-application window and pursue appeal on merits before CIT(A) (NFAC).

Can I get stay of demand on a Section 201 order?

Yes. File Section 220(6) stay application before the AO citing the CBDT Office Memorandum dated 29 Feb 2016 (modified 31 July 2017) prescribing 20 per cent pre-deposit. CIT(A) and ITAT also have stay powers under Asahi India Safety Glass and Section 254(2A) respectively.

What Guindy clients want to know before signing: For Guindy engagements specifically — in the it industrial mixed corridor micro-market of Guindy.

Expert Guide

A complete walkthrough — Tds Notice Reply

Reading this guide locally — Guindy businesses operate where on the Saidapet-Adyar corridor that passes through Guindy.

What is a TDS notice and the architecture of TDS enforcement

Conceptual origin of TDS as pay-as-you-earn

The Tax Deduction at Source mechanism in India under Chapter XVII-B of the Income Tax Act 1961 implements what the OECD framework calls a pay-as-you-earn collection design. It is to be noted that the policy goal traces to the Direct Taxes Enquiry Committee 1971 (Wanchoo Committee) recommendation that revenue collection be advanced to the point of accrual rather than the point of assessment, reducing tax arrears and broadening the information base. The Comptroller and Auditor General's 2017 performance audit on TDS administration observed that approximately 36% of direct-tax revenue is now collected at source, against an OECD-area average of roughly 60% for income subject to withholding. A TDS notice therefore performs a dual function — it is both a revenue-recovery instrument addressed to the deductor as the assessee-in-default under Section 201, and an information-correction instrument under Section 200A reconciling the deductor return with deductee credit claims in Form 26AS.

Five categories of TDS communications

TDS communications received by Chennai deductors broadly fall into five categories distinguishable by their statutory anchor. First, Section 200A(1) intimations are issued by the Centralised Processing Cell-TDS at Vaishali Ghaziabad on prima-facie defaults identified during return-processing. Second, Section 201(1) default orders are issued by jurisdictional Assessing Officer (TDS) on substantive non-deduction or short-deduction post-enquiry. Third, Section 234E demand notices arise from late-filing fee at ₹200 per day of delay. Fourth, Section 271H penalty notices follow non-filing exceeding one year or false-particulars. Fifth, Section 220 recovery and Section 221 penalty notices follow non-payment beyond 30 days. Each category invokes a distinct response framework, distinct limitation period and distinct appellate route — conflating them is the single most common defence error observed in the Madras ITAT TDS-Bench rulings since 2018.

TRACES portal and the Justification Report

The TDS Reconciliation Analysis and Correction Enabling System (TRACES) is the operational interface through which CPC-TDS communicates with deductors. Sub-rule (2) of Rule 31A of the Income Tax Rules 1962 provides that every default identified during processing is recorded on TRACES with a downloadable Justification Report — a PDF and CSV deliverable that lists row-wise the challan, deductee PAN, section, deduction-amount, default-head and amount-in-default. The Justification Report carries indicative computations only; the binding figures are those in the Section 200A intimation and the consequential demand on the TRACES dashboard. The TRACES architecture follows the OECD Forum on Tax Administration's 2014 design template on digital-by-default tax-payer-services, mirrored in similar withholding-platforms in the United Kingdom (HMRC RTI) and Australia (ATO Single Touch Payroll).

Lower-deduction certificate under Section 197 and Section 195(2)

Rejection of 197 application and writ remedy

Where the Assessing Officer rejects a Section 197 application or issues a certificate at a rate higher than that sought, the applicant has the writ remedy under Article 226 of the Constitution before the Madras HC. The Delhi HC in Larsen and Toubro Ltd v Union of India and the Madras HC in Verizon Communications have held that the AO must record cogent reasons; a mechanical refusal citing historical-rate without engaging with the projected-income reconciliation is liable to be set aside. The writ should be filed promptly given the financial-year-specific nature of the certificate.

Section 197 framework

Sub-section (1) of Section 197 provides that an Assessing Officer may, on application by the recipient, issue a certificate authorising deduction of tax at a lower rate or nil rate where the recipient's estimated total income justifies such treatment. Rule 28AA prescribes the application form (Form 13) and the documentation — last three years' returns, current year's projected profit-loss, and reconciliation of expected income heads. The certificate is valid for the financial year or part thereof specified and is binding on the deductor for the period. The Delhi HC in Tata Teleservices held that the AO cannot arbitrarily refuse 197 certificates and must record reasons.

Section 195(2) and Section 195(3) framework

Sub-section (2) of Section 195 enables the payer to apply for determination of the appropriate portion of a payment chargeable to tax where the whole sum may not be chargeable. Sub-section (3) enables the payee non-resident having business in India through a permanent establishment to apply for a nil-rate certificate. Form 15E (post 01-Apr-2021) is the prescribed application for both. The Supreme Court in Transmission Corporation of Andhra Pradesh held that absent a 195(2) order, the payer must deduct on the gross amount — placing the procedural burden squarely on the payer. The Mumbai ITAT in Mahindra British Telecom however held that bona-fide self-assessment of non-chargeability is a complete defence in 201 proceedings.

Section 195 non-resident default and the make-available test

Royalty and the Engineering Analysis Centre of Excellence ruling

The Supreme Court in Engineering Analysis Centre of Excellence Pvt Ltd v CIT (2021) held that amounts paid by Indian end-users or resellers to non-resident computer software manufacturers as consideration for resale or use of computer software through end-user licence agreements do not constitute royalty under Article 12 of the relevant DTAAs. The ruling reversed a long line of Karnataka HC decisions starting with Samsung Electronics. The judgement turns on a careful copyright-law analysis distinguishing the right to use a copyrighted article from the right to use the copyright itself. The DTAA-rate-cap argument supersedes the broader domestic-law Section 9(1)(vi) Explanation 4 inclusion.

Section 206AA over-ride and Section 90(2) treaty primacy

Section 206AA mandates deduction at 20% (or the rate in force, whichever is higher) where the deductee does not furnish PAN. Sub-section (7) of Section 206AA inserted by Finance Act 2016 (effective 01-Jun-2016) provides relief to non-resident deductees who furnish alternative identifying particulars including TRC, Form 10F and tax-identification-number of the residence country. The Special Bench of Hyderabad ITAT in Nagarjuna Fertilisers and the Pune ITAT in Serum Institute held that Section 206AA cannot override Section 90(2) treaty primacy — the treaty rate continues to apply where the treaty provides a lower rate, even absent PAN, subject to the alternative documentation.

Chargeability as the threshold question

Section 195(1) obligation is triggered only when the payment to the non-resident is chargeable to tax in India under the Income Tax Act read with the applicable Double Taxation Avoidance Agreement. The Supreme Court in GE India Technology Centre overruled the earlier Transmission Corporation view to the extent of clarifying that absence of chargeability defeats the Section 195 obligation at the threshold. The chargeability analysis runs — first, the source-rule under Section 9 (business connection, royalty, FTS, capital gains, interest, salary), second, the DTAA-Article corresponding (typically Articles 5, 7, 11, 12 and 13), and third, the procedural-safeguard limb (TRC, Form 10F, beneficial-ownership declaration).

Section 194Q procurement default and Section 206C(1H) overlap

Section 194Q versus Section 206C(1H) priority rule

Section 206C(1H) (effective 01-Oct-2020) places the tax-collection obligation at 0.1% on the seller whose turnover exceeds ₹10 crore. Section 194Q (effective 01-Jul-2021) places the tax-deduction obligation at 0.1% on the buyer. Where both provisions could apply on the same transaction, sub-section (5) of Section 194Q gives Section 194Q priority — i.e. once the buyer is obliged to deduct under 194Q, the seller is not obliged to collect under 206C(1H). CBDT Circular 13/2021 Q3 spells out the priority. The practical fail-mode is when the buyer mis-classifies its 44AB threshold and the seller has not relied on a 206C(1H)-non-collection declaration.

Exclusions and the SEZ goods question

Sub-section (3) of Section 194Q provides certain exclusions including transactions on which tax is collectible under 206C (other than 206C(1H)) and transactions on which tax is deductible under any other provision. CBDT Circular 13/2021 clarifies that purchases from a non-resident (where Section 195 applies) and purchases of services (not goods) are outside 194Q scope. The SEZ-goods question — whether purchases from a SEZ unit attract 194Q — turned on the Tamil Nadu AAR ruling and CBDT FAQ that treats SEZ-to-DTA supply as a domestic supply for 194Q purposes. The export-from-DTA-to-SEZ flow is outside 194Q as it is a zero-rated supply.

Reconciliation with GST and Form 26A interplay

The 194Q ledger should reconcile with the GSTR-2B inward register and the buyer's purchase-ledger. Mismatches commonly arise where — first, the 194Q is computed on PAN-based aggregation while GSTR-2B is GSTIN-based (multi-GSTIN seller spread across States), second, where credit-notes were issued post-deduction reducing the seller's invoice value, and third, where advance-payments triggered 194Q without subsequent goods receipt. Where the buyer has not deducted, the Form 26A route on the seller's offering of income is available — the 30% disallowance under Section 40(a)(ia) attaches on the gross-procurement value, not the 0.1% TDS amount, making the disallowance disproportionate to the underlying tax-take.

What Guindy clients usually ask next: For Guindy engagements specifically — for Guindy units balancing production cycles with monthly GST and quarterly TDS compliance.

Glossary

Plain-English glossary for this service

Form 16A Issuance

Form 16A Issuance is the obligation of every deductor to furnish a certificate of tax deducted on non-salary payments to the deductee within fifteen days of the due date for furnishing the quarterly statement. The certificate is downloaded from TRACES with a verifiable certificate number which the deductee uses for reconciliation against Form 26AS.

Form 26AS Reconciliation

Form 26AS Reconciliation is the cross-verification exercise undertaken by the deductee to confirm that tax deducted on its receipts is reflected in the consolidated annual tax statement maintained under Rule 31AB and Section 285BB. Mismatches typically arise from incorrect permanent account number quoting or unfiled quarterly statements.

Annual Information Statement

Annual Information Statement is the consolidated information return maintained under Section 285BB and read with Rule 114-I, accessible on the e-filing portal. It carries a wider information set than Form 26AS — interest, dividend, securities transactions, foreign remittances — and is consumed by deductees during return preparation under Section 139.

Faceless Appeal Scheme

Faceless Appeal Scheme is the procedural scheme notified by the Central Board of Direct Taxes under Section 250(6B) and Section 250(6C), under which appeals before the Commissioner (Appeals) are heard by the National Faceless Appeal Centre at Delhi through electronic communication without personal hearing unless specifically requested.

Faceless Penalty Scheme

Faceless Penalty Scheme is the procedural scheme notified under Section 274(2A) and Section 274(2B) for faceless disposal of penalty proceedings under Section 271H, Section 271C and other listed provisions. The scheme places the proceeding before the National Faceless Penalty Centre with electronic show-cause and reply mechanics.

TIN-FC

TIN-FC is the Tax Information Network — Facilitation Centre operated by the Protean — formerly NSDL — for the physical or electronic intake of quarterly TDS statements, correction statements and Form 49B applications. The TIN-FC accepts FVU-validated files, generates a Token Acknowledgement and forwards data to CPC-TDS Ghaziabad.

Token Acknowledgement

Token Acknowledgement is the fifteen-digit receipt generated by the Tax Information Network upon successful intake of a quarterly TDS statement or correction filing at a TIN-FC or through the online upload route. The token is the operative reference for downstream Section 200A processing and is quoted in all correspondence with CPC-TDS Ghaziabad.

Digital Signature Certificate

Digital Signature Certificate is the cryptographic credential issued by a licensed Certifying Authority under the Information Technology Act 2000, used to digitally sign quarterly TDS statements, correction filings, Form 26A Annexure A and applications under Section 197. A Class III or Class III combined certificate is required for TRACES operations.

Section 197 Certificate

Section 197 Certificate is the certificate issued by the jurisdictional Assessing Officer (TDS) on application in Form 13, authorising the deductor to deduct tax at nil or lower rate where the recipient's estimated total tax liability for the year justifies such reduction. The certificate is prospective from the date of issue and quotes specific deductors and ceilings.

Section 197A Self-Declaration

Section 197A Self-Declaration is the self-declaration in Form 15G or Form 15H by which a deductee whose estimated total income is below the basic exemption limit certifies to the deductor that no tax need be deducted. The declarations are filed by the deductor on the e-filing portal with quarterly periodicity under Rule 29C.

TDS Rate in Force

TDS Rate in Force is the rate at which tax is to be deducted under each section of Chapter XVII-B, as prescribed by the relevant section read with the Finance Act or the rates in the Finance Act schedule, including any surcharge and health and education cess applicable to the deductee category. Rate determination is the first analytical step in any default defence.

Pre-deposit Norm

Pre-deposit Norm is the administrative requirement under the Central Board of Direct Taxes Instruction 1914 dated the second day of December 1993, as modified by the Office Memorandum dated the thirty-first day of July 2017, that ordinarily twenty per cent of the disputed demand be deposited as a condition for stay under Section 220(6) pending first appeal.

Cost of Non-Compliance

Real-world penalty exposure

Numerical examples showing tax + interest + penalty across common default scenarios.

ScenarioBase taxInterestPenaltyTotal
Form 26Q late filing — 60-day delay, TDS of ₹4 lakh — Section 234E + Section 271H₹0 (TDS already paid)₹0₹12,000 (60 days × ₹200 Section 234E) + Section 271H ₹10,000 minimum₹22,000
Form 27Q late filing — 90 days delay, foreign-remittance TDS ₹8 lakh — Section 234E + Section 271H₹0₹0₹18,000 (90 days × ₹200) + ₹50,000 Section 271H₹68,000
Section 195 non-deduction on royalty of ₹15 lakh to non-resident — Section 271C₹1,50,000 (10 per cent DTAA rate)₹27,000 (18 months)₹1,50,000 (Section 271C)₹3,27,000
Section 192 short-deduction on salary perquisite of ₹6 lakh — Section 271C₹1,86,000 (peak slab + cess)₹22,320 (12 months)₹1,86,000 (Section 271C)₹3,94,320
Section 194Q non-deduction on goods purchase of ₹2 crore — Section 271C₹20,000 (0.1 per cent)₹3,600 (18 months)₹20,000 (Section 271C)₹43,600
Section 194H non-deduction on commission of ₹8 lakh — Section 271C₹40,000 (5 per cent)₹7,200 (18 months)₹40,000 (Section 271C)₹87,200

How Guindy businesses typically avoid these: For Guindy engagements specifically — the cluster of it services, manufacturing, automotive businesses that defines Guindy's commercial fabric; for Guindy units balancing production cycles with monthly GST and quarterly TDS compliance.

By Industry

Industry-specific patterns in Guindy

How the local trade mix shapes this — Guindy businesses operate where the cluster of it services, manufacturing, automotive businesses that defines Guindy's commercial fabric.

IT Services
Common issue: Software exporters frequently receive Section 201 default orders on overseas payments treated as fees for technical services, where the deductor relied on the recipient self-certification under Section 90(4) without examining the make-available test or the Engineering Analysis Centre of Excellence ruling. The TRACES intimation typically computes short deduction at 20% under Section 206AA where PAN-equivalents and Tax Residency Certificates were not on record.
How we handle it: Reframe the reply around the Karnataka High Court reasoning in Engineering Analysis Centre of Excellence affirmed by the Supreme Court, append Tax Residency Certificates, Form 10F, beneficial-ownership declaration and the Article 12 sub-clause analysis. Where the recipient was a treaty resident, the substantive ground is non-chargeability under Section 9(1)(vi)/(vii), not lower rate.
IT Services
Common issue: Mid-sized IT firms paying contract developers under Section 194J at 10% encounter short-deduction notices when CPC-TDS reclassifies the payment as Section 194C work-contract or Section 192 employment based on duration patterns drawn from the deductor master.
How we handle it: File reply differentiating professional service from contract through written engagement terms, deliverable-based invoicing and absence of attendance control. Cite CBDT Circular 715/1995 on the 194J/194C boundary and submit deductee ITR-V evidencing professional-income head.
Manufacturing
Common issue: Manufacturing units availing job-work conversion charges routinely deduct under Section 194C at 1% or 2%, but receive Section 201 default orders when CPC-TDS observes that the job worker supplied principal raw material exceeding 25% of bill value, attracting the Section 194Q procurement default rather than 194C.
How we handle it: Produce purchase-order bifurcation showing labour and material components separately, BOQ-linked invoicing and Section 9(b) CGST Act job-work declaration. Where 194Q is genuinely attracted, file Default Rectification Request after voluntary Section 195 challan payment with interest at 1% per month under Section 201(1A).
Manufacturing
Common issue: Capital-goods procurement above ₹50 lakh from a single seller within a financial year crosses the Section 194Q threshold and Section 206C(1H) overlap, yet many manufacturers neither deduct under 194Q nor obtain a 206C(1H)-non-collection declaration from the seller, drawing Section 201 demands.
How we handle it: Apply the CBDT Circular 13/2021 priority rule — 194Q overrides 206C(1H) when buyer has Section 44AB turnover above ₹10 crore. Furnish purchase ledger, seller 206C(1H)-not-applicable declaration and PAN-Aadhaar linkage proof. Where deduction was missed, regularise through Form 26A on deductee ITR-V evidence.
Education
Common issue: Coaching institutions paying visiting-faculty honoraria under Section 194J at 10% encounter short-deduction defaults when CPC-TDS recharacterises long-term repeated payments to the same faculty as Section 192 salary, with retrospective slab-rate computation and Section 234E fee.
How we handle it: Establish faculty independence through dated time-table covering multiple institutions, GST or professional-tax registration in the faculty's name, written engagement contract with rate-per-session structure and faculty ITR showing professional-income head. Rely on the Karnataka HC ruling on faculty contractors.
Case Studies

Anonymised engagements we have handled

Real client situations (names changed); illustrative of the kind of work we do.

Section 273B bona fide beliefManufacturing

Section 201 — bona fide belief defence on contractor classification

Issue: A manufacturing firm classified a labour-supply agency as a 'contractor' attracting Section 194C TDS at 2 per cent. The AO (TDS) treated it as a 'manpower supply service' requiring no TDS variance, but separately initiated Section 271C penalty proceedings on a peripheral short-deduction issue alleging mens rea.
Approach: Filed Section 273B bona fide-belief defence with documentary evidence — written contract characterising the engagement as 'contract for work', counterparty's invoices captioned as contract work, prior years' similar treatment without challenge, and CA opinion contemporaneously obtained. Relied on the Madras HC ruling in CIT v Tube Investments that Section 271C is not a strict-liability penalty and bona fide difference of opinion negates penalty.
Outcome: Section 271C penalty of ₹4.6 lakh dropped on Section 273B grounds; the underlying Section 201 short-deduction of ₹4.6 lakh principal was already covered by Form 26A from the contractor; net penalty exposure NIL; client retained the Section 194C classification with strengthened documentation.
Section 194Q vs 194CManufacturing

Section 201 — TDS on works contract vs supply of goods

Issue: A manufacturer purchasing fabricated steel components from a Chennai vendor deducted TDS under Section 194Q at 0.1 per cent treating it as purchase of goods. The AO (TDS) treated it as a works contract under Section 194C requiring 2 per cent TDS, raising a short-deduction default of ₹3.8 lakh.
Approach: Filed written submissions characterising the supply as predominantly goods supply where the fabrication was carried out at the vendor's premises and title passed on delivery. Relied on the Supreme Court ratio in Kone Elevator India (P) Ltd (settling goods-vs-works-contract under tax statutes) and the consistent ITAT view that where the principal supply is goods and labour is incidental, Section 194C is not attracted. Also obtained Form 26A from the vendor.
Outcome: AO accepted the goods-supply characterisation under Section 194Q; alternatively, Form 26A operated to drop the Section 201 default; only Section 201(1A) interest of ₹14,800 sustained; total saving ₹3.65 lakh.
Section 271H second proviso barManufacturing

Section 271H — penalty waived where statement filed beyond one year

Issue: A manufacturing firm filed Form 26Q for Q4 FY 2022-23 with a delay of 14 months due to a continuing software-vendor dispute. The Section 271H second proviso (which bars penalty where statement is filed within one year) was not available because the one-year window had been exceeded.
Approach: Filed Section 273B reasonable-cause defence with extensive documentation — vendor-dispute correspondence spanning 11 months, legal-notice exchange, software-vendor's eventual admission, parallel attempts to switch to a backup TRACES utility, and contemporaneous CFO certifications of the cash-flow strain caused by the dispute. Argued that despite the second-proviso bar, the broader Section 273B reasonable-cause defence remains available where statutory conditions exist.
Outcome: AO accepted the Section 273B defence in principle but levied a reduced Section 271H penalty of ₹38,000 against the original ₹2.1 lakh proposed; client paid the reduced amount; ITAT appeal considered but not pursued for materiality.
Section 194Q slump-saleManufacturing

Section 201 — TDS on slump-sale consideration

Issue: A manufacturing company acquired a manufacturing unit from another company as a going concern (slump-sale) for ₹14 crore. The buyer did not deduct TDS under Section 194Q taking the position that slump-sale is a transfer of an undertaking and not 'purchase of goods'. The AO (TDS) issued Section 201 show-cause for ₹14 lakh TDS shortfall.
Approach: Filed written submissions characterising the slump-sale under Section 2(42C) as a transfer of an undertaking for a lumpsum consideration without values being assigned to individual assets or liabilities. Argued that this is not a sale of 'goods' under Section 194Q which presupposes individual goods identification. Relied on Section 194Q's legislative intent (TCS-mirroring under Section 206C(1H)) which applies to goods purchase, not undertaking transfer.
Outcome: AO accepted the slump-sale characterisation; Section 201 dropped; the parties' tax treatment under Sections 50B and 2(42C) was preserved; client preserved the precedent for similar transaction-tax structuring.

Why these Guindy engagements look the way they do: For Guindy engagements specifically — the business activity radiating outward from Guindy Industrial Estate and nearby commercial pockets; for Guindy units balancing production cycles with monthly GST and quarterly TDS compliance.

Client Reviews

What Guindy Clients Say

Section 234E fee of ₹3.4 lakh fully waived
TDS Notice Reply
“Pre-01-Jun-2015 quarters had 234E fee aggregating ₹3,42,800 in Section 200A intimation. Filed grievance citing Fatehraj Singhvi (Kar HC 2016) and ITAT Chennai bench rulings. CPC-TDS Ghaziabad accepted; entire fee demand reduced to NIL on TRACES within 7 weeks.”
Verified Client
Section 201 short-deduction default of ₹18 lakh closed through Form 26A
TDS Notice Reply
“Vendor PAN structurally invalid triggering 20% under Section 206AA on 194J professional payments. Filed Form 26A Annexure-A through our partner C.A. with vendor's ITR-V and tax payment proof; principal default of ₹18.4 lakh dropped on TRACES; only Section 201(1A) interest of ₹76,000 survived.”
Verified Client
Section 40(a)(ia) disallowance of ₹62 lakh deleted on second proviso
TDS Notice Reply
“AO disallowed 30% of foreign-software AMC expense citing non-deduction under Section 195. Argued Engineering Analysis (SC 2021) — payment not royalty under India-Singapore DTAA Article 12. Faceless Assessment Unit accepted; ₹62 lakh disallowance deleted in Section 143(3) order.”
Verified Client
Section 201(1A) interest recomputed — ₹2.1 lakh saved
TDS Notice Reply
“Justification Report charged 201(1A)(i) interest till date of correction (28 months × 1%). Refiled Form 26A with deductee return date; interest period truncated to 9 months. Default reduced from ₹3.1 lakh to ₹98,000 — ₹2.1 lakh saved.”
Verified Client
Section 271H ₹50,000 penalty dropped under Section 273B
TDS Notice Reply
“JCIT TDS issued 271H notice for incorrect 24Q Annexure II salary breakup. Filed reply citing reasonable cause under Section 273B — Eli Lilly (SC 2009) doctrine, payroll system migration, voluntary correction filed before notice. Penalty dropped in entirety.”
Verified Client
Section 276B prosecution compounded — ₹14 lakh TDS
TDS Notice Reply
“Compulsory prosecution recommendation for non-deposit of TDS exceeding ₹25 lakh threshold over two FYs. Coordinated full deposit of TDS + 1.5% interest + 234E fee, filed compounding application under CBDT Guidelines 17-Oct-2024 with compounding fee at 2% per month. Pr. CCIT compounded; criminal proceedings closed.”
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Common Questions

TDS Notice Reply FAQ — Guindy

Common questions from Guindy clients. Call 9566-068-468 for specific queries.

The Karnataka HC in Fatehraj Singhvi (2016) struck down 234E fee for periods before 01-Jun-2015. The Gujarat HC in Rajesh Kourani v. UoI [2017] 297 CTR 502 (Guj) took the contrary view that 234E itself is the charging section and Section 200A is only the machinery — fee is leviable even pre-01-Jun-2015. Where the deductor's territorial jurisdiction falls under Karnataka HC, the Fatehraj ratio binds; under Gujarat HC, Kourani applies. Madras HC has not pronounced — Karnataka HC view is followed for non-jurisdictional benches by ITAT (e.g. Sonalac Paints, Mumbai ITAT).
CIT v. Eli Lilly & Co (India) (P) Ltd [2009] 312 ITR 225 (SC) held that the obligation under Section 192 to deduct TDS on salary applies to the entire salary — including the home-country salary paid by the foreign parent to expatriates — once it is taxable in India under Section 9(1)(ii). However, the Court ruled that penalty under Section 271C is not leviable where the assessee acted on bona fide belief that the home-country salary was not taxable. This is the cornerstone of Section 273B reasonable-cause jurisprudence in TDS.
Yes — honest advice is the whole point. If TDS Notice Reply is not right for your Guindy situation, or can safely wait, we will say so plainly rather than sell you something. That is why much of our work comes through referrals.
Step 1: Deductor logs into TRACES > Statements > Request for 26A/27BA > Add Default Rows. Step 2: Add deductee PAN, FY, amount paid, amount on which tax not deducted. Step 3: System generates an alphanumeric token + assigns rows to a C.A. nominated by the deductor. Step 4: C.A. logs into TRACES C.A. login, downloads Annexure A in Form 26A, verifies payee return / tax payment, signs digitally with DSC. Step 5: System forwards to deductor for final submission. Step 6: On NSDL acceptance, default heads under 201(1) drop to NIL; only 201(1A) interest survives.
Section 273B insulates the assessee from penalties under Sections 271C (failure to deduct), 271CA (failure to collect), 271H (incorrect / late filing), and 221 (in-default penalty) where reasonable cause is established. Reasonable cause includes: bona fide belief in non-applicability of TDS section, reliance on legal opinion, retrospective amendment, payee's TRC / DTAA claim, complex characterisation issue (royalty vs business profits). Hindustan Steel v. State of Orissa (1972) 83 ITR 26 (SC) and CIT v. Eli Lilly (2009) 312 ITR 225 (SC) doctrine — penalty is not automatic.
Yes. Beyond TDS Notice Reply, we cover GST, income tax, TDS, company and LLP registrations, digital signatures, audits and finance documentation — so Guindy clients keep all their compliance under one roof. Ask us about anything on 9566-068-468.
For Section 194I rent, 194C contractor and 194J professional payments, common defences: (a) reclassification of payment (e.g. equipment hire as 194I-equipment 2% vs 194I-rent 10%); (b) below-threshold (₹2.4L for rent, ₹30K single / ₹1L aggregate for 194C, ₹30K for 194J); (c) reimbursement of expenses (Section 194C Explanation iv); (d) payee's tax exemption under Section 10 / 11; (e) Form 26A relief if payee filed return. Each line of the Justification Report is mapped to one defence.
Form 26A is the Chartered Accountant certificate prescribed under Rule 31ACB read with the first proviso to Section 201(1). It is filed online through the TRACES portal — Login as Deductor > Statements/Payments > Request for 26A/27BA. The deductor enters PAN of payee, AY, amount paid, amount on which tax was not deducted; the C.A. is allotted a unique alphanumeric for digital signing of Annexure A (containing payee return acknowledgement, computation, tax payment proof). On NSDL/TIN-FC validation, the default is reduced to NIL on TRACES.
Yes. Every TDS Notice Reply engagement comes with a GST invoice and copies of all filings, acknowledgements and challans for your records. Guindy clients receive a clean, documented trail they can rely on later.
Section 200A of the Income Tax Act 1961 prescribes the centralised processing of TDS statements (Forms 24Q, 26Q, 27Q, 27EQ) by CPC-TDS Ghaziabad. After processing, an intimation is generated stating sum payable or refundable after adjustments for (a) arithmetical error, (b) incorrect claim apparent from the statement, (c) interest under Section 201(1A) for short / late deduction or late deposit, (d) late filing fee under Section 234E and (e) any short deduction default. Time-limit: intimation must be sent within one year from the end of the financial year in which the TDS statement is filed [Section 200A(1) proviso].
Section 201(3) (as substituted by Finance (No. 2) Act 2014) prescribes a 7-year limit from the end of the FY in which payment is made / credit is given for passing an order treating the deductor as in default in respect of resident payees. For non-resident payees there is no statutory time-limit, however, courts have read in a reasonable period (typically 4-6 years) — see Vodafone Idea / Mahindra Holidays line of cases. Time-barred 201 orders are quashable on writ.
Our main office is at Plot No. 6, Alapakkam Main Road (opposite KVB Bank), Maduravoyal – 600095, with a branch at No. 22 Reddy Street, Nerkundram – 600107. Both are an easy reach from Guindy, and a third office at Nolambur is opening shortly. Most clients, though, never need to visit.
No. Form 26A only relieves the deductor from being treated as "assessee in default" for the principal tax. Interest under Section 201(1A)(i) at 1% per month from the date the tax was deductible up to the date the deductee filed his return of income is still payable by the deductor. The interest cannot be recovered from the deductee. This was confirmed in Hindustan Coca-Cola Beverages (SC) and reaffirmed by ITAT in numerous benches.
Section 206AA mandates TDS at the higher of (a) the rate prescribed under the relevant section, (b) the rate in force, or (c) 20%, where the deductee has not furnished his PAN. For non-residents, the AAR and several ITATs have held that Section 90(2) overrides Section 206AA where DTAA rate is lower (Serum Institute, Wipro Ltd, Nagarjuna Fertilizers). For residents, 20% is mandatory and short-deduction default is unavoidable unless PAN is subsequently corrected through Online Correction (C-3 challan-based or C-9 PAN correction).
Section 271C levies a penalty equal to the amount of tax not deducted, leviable by a JCIT-rank officer under Section 274. Section 273B insulates the deductor where reasonable cause is shown — bona fide belief on non-applicability, characterisation issue, retrospective amendment, payee's TRC / DTAA claim. The Supreme Court in CIT v. Eli Lilly (2009) 312 ITR 225 held that Section 271C penalty is not automatic; reasonable-cause defence is read into Section 273B for all TDS penalty provisions.
Interest under Section 201(1A) is computed on monthly basis — any part of a month is treated as a full month. Example: tax deductible on 15-Apr-2024, deducted on 03-May-2024 (delay one day in April + 3 days in May = 2 months × 1% = 2%). Tax deducted 03-May-2024, deposited 09-Jun-2024 (delay one part-month in May + one part-month in June = 2 months × 1.5% = 3%). The TRACES Justification Report applies this rule mechanically.
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