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TDS Default & TRACES Notice Defence · Kellys

TDS Notice Reply for Kellys (PIN 600010)

TDS Notice Reply delivery for residential and healthcare firms across Kellys — and a zero-penalty filing record

Kellys residential and healthcare units around Kellys Junction with WhatsApp document intake and same-day filed-acknowledgement delivery. Call 9566-068-468.

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Quick Answer

How long does the deductor have to reply to a Section 200A intimation in Kellys, Chennai?

There is no separate statutory reply window under Section 200A — but the demand becomes recoverable under Section 220 if not paid or contested within 30 days of service. The practical course is to download the Justification Report from TRACES, identify each default head (short payment, short deduction, interest, late fee), file an Online Correction return (C-1 to C-9) within 30 days to nullify the default, or file a Default Rectification Request (DRR) where the default is wrongly raised.

Transparent Pricing

TDS Notice Reply in Kellys — 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 Kellys Clients Choose FilingPro

Expert TDS Notice Reply in Kellys — 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 Kellys 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 Kellys Clients Get

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

Default Reduced to NIL on TRACES
Where Form 26A is accepted by NSDL / TRACES, the Section 201(1) deemed-default head is reduced to NIL — full principal saved. Only Section 201(1A) interest survives, often a fraction of the original demand for Kellys clients.
Section 234E Fee Wiped Out
Pre-01-Jun-2015 quarter Section 234E fees — often running into multi-lakh demands — are wiped out citing Fatehraj Singhvi (Kar HC 2016). The relief is unconditional once the period is established.
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.
Comparison

Section 200A Intimation vs Section 201 Default Order

Why this matters here — Across Kellys, the business activity radiating outward from Kellys Junction and nearby commercial pockets. Practitioners note that with quick access via Kellys Bus Stop and feeder routes connecting Kellys to the rest of Chennai.

AspectSection 200A IntimationSection 201 Default Order
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)
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
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 — Across Kellys, Kellys businesses in the residential arm find that professional services from this area mostly fall under Section 194J 194C TDS on freelancers and personal-IT filings under ITR-1 to ITR-3. Practitioners note that the cluster of residential, healthcare, education businesses that defines Kellys's commercial fabric.

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
Service of Section 271H show-cause notice30 daysWritten reply with Section 273B reasonable-cause submissionsMinimum ten-thousand and maximum one-lakh-rupee penalty stands confirmed

Deadline pressure points we see in Kellys: On the ground in Kellys, supporting the working population of Kellys and the immediate adjoining neighbourhoods; for the professional and salaried population of Kellys navigating personal-tax and home-office GST.

Forms Library

Forms used in this engagement

Forms most asked about here — Across Kellys, with most filings in this catchment being personal income-tax returns under ITR-1 to ITR-3 and one-off TDS reconciliations. Practitioners note that supporting the working population of Kellys and the immediate adjoining neighbourhoods.

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
Form 26ASAnnual tax statement

Consolidated tax credit statement reflecting tax deducted, tax collected, advance and self-assessment tax paid, refunds and high-value transactions, accessed via the e-filing portal.

Continuously updated; reconciled with quarterly TDS statements Generated by the Income-tax Department; viewed by deductee
Form 27DCertificate of tax collected at source

Issued to collectees by the collector under Section 206C(5), downloaded from TRACES, evidencing the amount collected and deposited.

Within fifteen days of the due date for furnishing the Form 27EQ statement Issued by the collector to the collectee
Challan 281Challan for deposit of TDS and TCS

Used to deposit tax deducted at source and tax collected at source to the credit of the Central Government, with separate codes for company and non-company deductees.

Within seven days of the end of the month of deduction, save March deductions Filed through authorised bank counter or e-payment gateway to CBDT-OLTAS

TDS Notice Reply in Kellys, Chennai 600010

Because PIN 600010 sits inside the Chennai North jurisdiction, the handling office for Kellys stays consistent across years, which matters when filings or approvals span cycles. Approvals, acknowledgements and queries for Kellys businesses tie back to the Anna Nagar Division, so our TDS Notice Reply cadence accounts for how that office works. Kellys is a residential transit pocket bridging Kilpauk Anna Nagar and Vepery with mid-range housing and supporting retail. Statutory correspondence for Kellys businesses routes through the Anna Nagar Division, so we align every TDS Notice Reply engagement to that jurisdiction from the start.

The residential transit pocket mix of Kellys shapes what lands in our workpapers — a blend of residential activity and the commercial pulse around Anna Nagar Roundtana. Working in Kellys brings a logistical edge: proximity to Anna Nagar Roundtana and the Kellys Bus Stop corridor keeps physical document handling fast. Kellys reads as a residential transit pocket pocket with medium commercial activity, anchored around Anna Nagar Roundtana and fed by the Kellys Bus Stop corridor. Commercial activity in Kellys runs medium, so TDS Notice Reply volumes scale through peak months and we staff the Kellys desk accordingly.

The business mix in Kellys centres on retail, and that sector carries its own TDS Notice Reply quirks we plan for in advance. Sector concentration matters: when Kellys leans toward retail, the TDS Notice Reply risks cluster around the same few line items each cycle. The retail firms we serve in Kellys value a TDS Notice Reply partner who already understands their sector's compliance rhythm. Mixed retail activity across Kellys means our TDS Notice Reply team keeps sector playbooks ready rather than improvising per client.

Every TDS Notice Reply file we open for Kellys is reconciled, reviewed by a qualified practitioner, and archived for seven years. Working papers for Kellys TDS Notice Reply engagements stay archived and retrievable, which makes any later notice or query straightforward to answer. Document intake for Kellys clients runs over WhatsApp, so there is no office visit and no paper shuffle for a TDS Notice Reply engagement. From the first TDS Notice Reply cycle, a Kellys engagement is set up to be audit-ready rather than reconstructed under pressure later.

Coverage from Kellys naturally extends to Aminjikarai, so group entities across the area share one TDS Notice Reply workflow. Businesses straddling Kellys and Aminjikarai get a single TDS Notice Reply point of contact rather than two. From the same Kellys team we also serve Aminjikarai and other nearby localities without re-onboarding clients. Serving Kellys and Aminjikarai from one team keeps TDS Notice Reply turnaround identical across the cluster.

Patterns we track for Kellys include residential documentation gaps, timing mismatches, and the questions the Anna Nagar Division tends to raise. Common patterns in the Anna Nagar Division give Kellys businesses an early-warning map we use to pre-empt TDS Notice Reply issues. Each engagement in Kellys adds to a record of what the Chennai North jurisdiction expects, sharpening the next TDS Notice Reply file. The longer we serve Kellys, the more precisely we predict where a TDS Notice Reply file needs attention.

Shifting principal place of business to Kellys means updating jurisdiction to the Chennai North, and we manage the paperwork end-to-end. A startup setting up near Kellys Junction in Kellys gets a TDS Notice Reply foundation built for the Anna Nagar Division from day one. First-time TDS Notice Reply for a Kellys business is where getting the basics right saves years of cleanup later. We onboard new Kellys entities onto a TDS Notice Reply cadence that is audit-ready from the very first cycle.

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Expert Guide

TDS Notice Reply in Kellys — Complete Guide

Most TRACES short-deduction defaults raised on Kellys (600010) 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 Kellys
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 Kellys
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 compound a Section 276B prosecution case?

Yes. Compounding under Section 279(2) read with CBDT Guidelines dated 17 Oct 2024 is available. Compounding fee is 3 per cent of TDS for first offence, 5 per cent for subsequent. Pay full principal TDS, Section 201(1A) interest, Section 234E fee, then apply.

What is the Madras HC view on Section 201 limitation?

The Madras HC has consistently held that Section 201(3) is a jurisdictional limit; orders beyond the seven-year window (six years pre-Finance (No. 2) Act 2024) are without authority of law. Limitation defence is preserved even where merits are weak.

How do I claim DTAA relief on a Section 195 remittance?

Obtain Tax Residency Certificate (TRC) from the non-resident's home country, obtain Form 10F (now electronically generated mandatorily), file Form 15CA-15CB chartered accountant certificate, apply the DTAA rate per Section 90(2) where more beneficial than domestic law.

What is Form 26A and how do I obtain it?

Form 26A is a CA certificate under Rule 31ACB confirming that the deductee has filed return and paid tax on the income on which you failed to deduct TDS. Obtain from deductee's CA, upload on TRACES; this drops your primary Section 201 liability.

Can I rectify a Section 200A intimation?

Yes. File a rectification application under Section 154 before CPC-TDS within four years from the end of the financial year in which the intimation is issued. Common rectifiable errors include challan mismatches, deductee-PAN errors, and interest computation discrepancies.

What is the time limit for Section 200A intimation?

The proviso to Section 200A(1) requires the intimation to be issued within one year from the end of the financial year in which the TDS statement is filed. Intimations beyond this period are without statutory authority and may be challenged.

What Kellys clients want to know before signing: On the ground in Kellys, in the residential transit pocket micro-market of Kellys; with most filings in this catchment being personal income-tax returns under ITR-1 to ITR-3 and one-off TDS reconciliations.

Expert Guide

A complete walkthrough — Tds Notice Reply

Localised for Kellys, Chennai — with most filings in this catchment being personal income-tax returns under ITR-1 to ITR-3 and one-off TDS reconciliations.

Reading this guide locally — Across Kellys, on the Kilpauk-Shenoy Nagar corridor that passes through Kellys. Practitioners note that Kellys businesses in the residential arm find that professional services from this area mostly fall under Section 194J 194C TDS on freelancers and personal-IT filings under ITR-1 to ITR-3.

What is a TDS notice and the architecture of TDS enforcement

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).

Comparative jurisprudence — India versus OECD

The Indian TDS-default framework is more punitive than comparable OECD jurisdictions on the interest-rate and disallowance dimensions. Section 201(1A) charges interest at 1% per month on non-deduction and 1.5% per month on deduction-not-deposited — i.e. an effective annualised 12% and 18%. The OECD International VAT/GST Guidelines do not directly cover income-tax withholding, but the comparable HMRC PAYE-default interest in the United Kingdom is benchmarked against the Bank of England base rate plus 2.5 percentage points, currently in the 7-8% range. Australia's ATO general interest charge sits at 11.36%. The disallowance dimension is uniquely Indian — Section 40(a)(ia) disallows 30% of the expenditure (and 100% for non-resident payments under 40(a)(i)) in the deductor's own income, with no comparable provision in major OECD systems where withholding default is treated purely as a separate collection matter.

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.

Section 201 default order — deemed-default mechanics

Form 26A Annexure A and the practitioner-CA route

Form 26A is the operational vehicle for the first proviso to Section 201(1). It requires a chartered accountant in practice to certify that the deductee has — first, included the relevant payment in computing taxable income in the return filed under Section 139, second, paid the tax on the income, and third, furnished the deductor a declaration to this effect. The Form is filed by the deductor through the TRACES portal with the chartered accountant signing Annexure A on Digital Signature Certificate. On acceptance, the Section 201(1) principal-default head is reduced to NIL but the Section 201(1A) interest survives. The Mumbai ITAT in JDS Apparels held that Form 26A is a complete remedy on the principal head.

Reasonable cause defence under Section 273B

Section 273B provides a reasonable-cause umbrella defence applicable to Section 271H and certain other penalty provisions. The Supreme Court in Hindustan Steel v State of Orissa established that penalty cannot be imposed for technical or venial breach where the assessee acted bona fide. Karnataka HC in CIT v Mascon Multi-Services and Madras HC in CIT v Universal Trade Links applied the doctrine to TDS-deduction-shortfall scenarios where the deductor relied on a beneficial interpretation supported by an Authority for Advance Rulings determination or a tribunal precedent. The defence is fact-intensive — bona fides must be demonstrated through contemporaneous documentation rather than reconstruction.

Short-deduction versus non-deduction taxonomy

Section 201 distinguishes — though not always explicitly — between non-deduction (no TDS deducted at all), short-deduction (TDS deducted at a rate or amount lower than what was required), late-deduction (TDS deducted after the prescribed time), and non-deposit (TDS deducted but not deposited with the exchequer). The interest-rate under Section 201(1A) is 1% per month for non-deduction and short-deduction, and 1.5% per month for the deduction-not-deposited category. The disallowance under Section 40(a)(ia) attaches only to non-deduction and non-deposit categories — short-deduction by rate does not invite disallowance per the Calcutta High Court ruling in S.K. Tekriwal, since-followed by multiple benches.

Section 234E late-filing fee — challenge points

Statutory architecture

Section 234E was inserted by Finance Act 2012 with effect from 01-Jul-2012 levying a fee of ₹200 per day of delay in filing the quarterly TDS statement, capped at the amount of tax deductible. Sub-section (4) of Section 234E declares the fee non-leviable in the cases prescribed — but no such prescription has been issued by CBDT to date. The fee is a fee in the technical sense (a charge for services rendered by the department's processing-system) rather than a penalty, as held by the Karnataka HC in Lakshminirman Bangalore. This technical classification is significant — fee does not require mens rea, is not appealable under Section 246A on merits, and is not subject to Section 273B reasonable-cause relief.

Pre-01-Jun-2015 quarter challenge

The Karnataka HC in Fatehraj Singhvi v Union of India held that prior to the insertion of clause (c) in Section 200A(1) by Finance Act 2015 effective 01-Jun-2015, there was no enabling mechanism for CPC-TDS to levy Section 234E fee through a Section 200A intimation. The clause-(c) insertion was prospective only — fees raised on quarterly statements pertaining to periods before 01-Jun-2015 are therefore liable to be set aside. The Allahabad HC in Sushila Devi Pyala followed Fatehraj Singhvi. The Gujarat HC in Rajesh Kourani took a contrary view holding that Section 234E itself was the charging provision and 200A(1)(c) was merely procedural. The Madras HC has not authoritatively pronounced.

Cap on fee and computational disputes

Sub-section (3) of Section 234E provides that the fee shall not exceed the amount of tax deductible or collectible. The cap operates at the statement-level, not at the deductee-level — Mumbai ITAT in Sonal Vyas v ITO held that where the quarterly TDS deductible is ₹1.2 lakh and the delay-days × ₹200 computes to ₹1.8 lakh, the fee is capped at ₹1.2 lakh. Computational disputes commonly arise on the day-count — whether the delay is counted from the original due-date or from any extended date notified by CBDT under press-release. The conservative position is to count from the original due-date and seek reduction citing the extension order on merits.

Section 271H penalty for non-filing or false particulars

Distinction from Section 271C and Section 276B

Section 271H is distinct from two adjacent penalty / prosecution provisions. Section 271C imposes a penalty equal to the amount of tax that ought to have been deducted on failure to deduct — operating on non-deduction itself, whereas 271H operates on non-filing-of-statement or false-particulars. Section 276B is the prosecution provision for failure to pay TDS deducted to the credit of Central Government, attracting rigorous imprisonment of three months to seven years. Section 278AA provides a defence to 276B where reasonable cause is shown. The Madras HC in Madhumilan Syntex Ltd applied a strict reading on 276B prosecution where deduction-and-non-deposit was established.

Penalty range and triggers

Sub-section (1) of Section 271H provides for a penalty of not less than ₹10,000 and not more than ₹1,00,000 where a person fails to deliver the quarterly statement within the prescribed time or where the statement furnished contains false particulars in respect of tax deduction, payment, deductee details or any matter relevant to determination of total income of the deductee. The penalty is imposable by the Assessing Officer (TDS) after recording satisfaction and issuing a show-cause notice. The provision is wider than Section 234E in two respects — it covers false-particulars (not merely delay) and the upper-cap is materially higher.

Safe-harbour under sub-section (3)

Sub-section (3) of Section 271H provides a safe-harbour — penalty shall not be levied where the deductor proves that — clause (a) the tax deducted along with interest has been paid to the credit of Central Government, and clause (b) the statement has been delivered before the expiry of one year from the time prescribed for delivery. The safe-harbour operates on a cumulative basis — both conditions must be satisfied. The Mumbai ITAT in Saroj Singh ruled that even one-day delay beyond the one-year limit takes the deductor outside the safe-harbour and the penalty becomes leviable, subject only to Section 273B reasonable-cause defence.

What Kellys clients usually ask next: On the ground in Kellys, supporting the working population of Kellys and the immediate adjoining neighbourhoods; with most filings in this catchment being personal income-tax returns under ITR-1 to ITR-3 and one-off TDS reconciliations; for the professional and salaried population of Kellys navigating personal-tax and home-office GST.

Glossary

Plain-English glossary for this service

Terms you will hear in this area — Across Kellys, with most filings in this catchment being personal income-tax returns under ITR-1 to ITR-3 and one-off TDS reconciliations.

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.

Quarter of Deduction

Quarter of Deduction is the calendar quarter — April-June, July-September, October-December or January-March — to which a deduction relates, determined by the earlier of the date of credit or the date of payment under Section 200(1). Misallocation of a deduction across quarters is a common driver of short-payment defaults in the Justification Report.

Justification Report

Justification Report is the line-by-line default register downloadable from TRACES (Defaults > Justification Report Download) showing every short-payment, short-deduction, late-payment and 234E entry against the deductor's filed statement. It comes in PDF summary and CSV deductee-wise form, both required for a complete Section 200A reply.

Conso File

Conso File is the consolidated TDS statement file generated by TRACES that combines the original and all correction statements filed for a particular Form Type, Financial Year and Quarter. It is the input file for any further Online Correction and must be downloaded from Statements > Request for Conso File before any C-1 to C-9 correction is initiated.

Online Correction Category C-3

Online Correction Category C-3 on TRACES is the PAN Correction category used to amend deductee PAN entries in a filed TDS statement without re-uploading the entire return. It is the workhorse correction for Section 206AA short-deduction defaults caused by structurally invalid PAN or inoperative PAN-Aadhaar status.

Default Rectification Request

Default Rectification Request or DRR is raised on TRACES against an erroneous default flagged by CPC-TDS where the underlying statement is already correct — typically challan-paid-but-not-visible due to BIN mismatch, OLTAS sync delay, or system computation errors. Unlike Online Correction, no fresh statement is filed; only the default tag is rectified.

Cost of Non-Compliance

Real-world penalty exposure

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

Penalty exposure typical of this micro-market — Across Kellys, Kellys businesses in the residential arm find that professional services from this area mostly fall under Section 194J 194C TDS on freelancers and personal-IT filings under ITR-1 to ITR-3. Practitioners note that supporting the working population of Kellys and the immediate adjoining neighbourhoods.

ScenarioBase taxInterestPenaltyTotal
Section 194LBA non-deduction by Business Trust on unitholder distribution of ₹40 lakh — Section 271C₹4,00,000 (10 per cent on resident interest)₹72,000 (18 months)₹4,00,000 (Section 271C)₹8,72,000
Section 200A intimation — Section 234E only, 45-day delay, TDS ₹3 lakh₹0₹0₹9,000 (Section 234E at ₹200 × 45 days)₹9,000
Section 201(1A) interest-only — late deposit of ₹10 lakh TDS by 60 days₹10,00,000 (already paid)₹30,000 (2 months at 1.5 per cent)₹0 (interest only, no penalty if Section 271C avoided)₹30,000
Section 194I non-deduction on rent of ₹6 lakh paid by company — Section 271C₹60,000 (10 per cent for land/building)₹10,800 (18 months)₹60,000 (Section 271C)₹1,30,800
Section 194-IC non-deduction on JDA monetary consideration of ₹30 lakh — Section 271C₹3,00,000 (10 per cent)₹54,000 (18 months)₹3,00,000 (Section 271C)₹6,54,000
Form 26Q inaccurate particulars — 6 deductee PANs incorrect — Section 271H₹0₹0₹60,000 (₹10,000 × 6 errors)₹60,000

How Kellys businesses typically avoid these: On the ground in Kellys, the business activity radiating outward from Kellys Junction and nearby commercial pockets; for the professional and salaried population of Kellys navigating personal-tax and home-office GST.

By Industry

Industry-specific patterns in Kellys

How the local trade mix shapes this — Across Kellys, with most filings in this catchment being personal income-tax returns under ITR-1 to ITR-3 and one-off TDS reconciliations. Practitioners note that the business activity radiating outward from Kellys Junction and nearby commercial pockets.

Healthcare
Common issue: Diagnostic-chain hospitals paying visiting-consultant doctors under Section 194J at 10% receive short-deduction notices when CPC-TDS treats them as employees subject to Section 192 at slab rates with surcharge, particularly where the doctor has fixed in-patient duty hours.
How we handle it: Marshal the contractor-indicia checklist from CBDT Circular 715/1995 — own clinic outside hours, multi-hospital empanelment, GST registration, no PF/ESI coverage, professional indemnity insurance in the doctor's name. Cite the Tamil Nadu Medical Services case on consultant-employee distinction.
Healthcare
Common issue: Hospitals procuring equipment-leased imaging machines from foreign manufacturers attract Section 195 on the equipment-hire component as royalty, but the bundled-AMC portion is sometimes mis-categorised. Section 201 default orders compute short-deduction on the whole at 10% plus surcharge plus cess.
How we handle it: Split the contract into royalty for equipment use, FTS for engineer-visit AMC and reimbursement for spare parts. Apply the DTAA Article 12 royalty rate (commonly 10%) and benchmark FTS against the make-available test. Furnish Tax Residency Certificate, Form 10F and Form 15CB chartered-accountant certificate.
Retail
Common issue: Multi-store retail chains running franchise-fee outflows under Section 194J at 10% receive default notices when CPC-TDS reclassifies the trade-name licence as royalty under Section 9(1)(vi), attracting different TDS rate and DTAA implications where the franchisor is foreign.
How we handle it: Argue that domestic franchisor royalties are caught by Section 194J Explanation (b) on royalty within India and that 10% is the right rate. For cross-border franchisors invoke the relevant DTAA Article 12 royalty cap with TRC, Form 10F and beneficial-ownership declaration. Cite Sheraton International Inc Delhi HC.
Retail
Common issue: Retail chains running cashback and loyalty point pay-outs to customers fail to consider Section 194R (1% TDS on benefits exceeding ₹20,000) where the cashback is denominated in points convertible to merchandise rather than cash, drawing Section 201 demands post 01-Jul-2022.
How we handle it: Map each loyalty-programme tier to CBDT Circular 12/2022 and 18/2022 Section 194R guidance, distinguish customer-promotion (excluded) from business-relationship benefit (included). Where the customer is a business with B2B relationship the 194R obligation crystallises; pay self-computed challan with Section 201(1A) interest and absorb principal.
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.

A flavour of cases we handle nearby — Across Kellys, with most filings in this catchment being personal income-tax returns under ITR-1 to ITR-3 and one-off TDS reconciliations. Practitioners note that Kellys businesses in the residential arm find that professional services from this area mostly fall under Section 194J 194C TDS on freelancers and personal-IT filings under ITR-1 to ITR-3.

Section 194-ORetail

Section 201 — payment to e-commerce operator under 194-O

Issue: A Chennai retail seller using a major e-commerce platform received Section 201 show-cause for short-deduction under Section 194-O contending that the e-commerce operator had under-deducted at 0.1 per cent against the prescribed 1 per cent for the period before the Finance Act 2024 rate reduction to 0.1 per cent took effect on 1 Oct 2024.
Approach: Filed written submissions identifying that the seller was not the deductor under Section 194-O — the obligation rests on the e-commerce operator (the platform). Argued that the seller had no deduction obligation under Section 194-O and could not be treated as an assessee-in-default. Filed the platform's TDS certificate showing the deduction at the rate determined by the platform. Cited the legislative framework that Section 194-O is operator-side, not seller-side.
Outcome: AO dropped the Section 201 proceedings against the seller; the show-cause was wrongly directed; client clarified its position; SOP for platform-mediated sales documented.
OLTAS correctionHealthcare

Section 200A intimation — challan correction post-statement filing

Issue: A hospital chain received Section 200A intimation showing two challans of ₹4.2 lakh each tagged with incorrect Assessment Year — entered as AY 2024-25 instead of AY 2023-24. CPC-TDS treated them as available for AY 2024-25 only and raised a demand for AY 2023-24.
Approach: Filed OLTAS challan correction request via the depositing bank under Form A — within 7 days for major-head correction and within 90 days for assessment-year correction. Once corrected, filed Section 154 rectification before CPC-TDS evidencing the corrected challan particulars. Relied on the principle that the deductor's substantive compliance (timely deposit) cannot be defeated by a curable tagging error.
Outcome: Section 154 accepted; ₹8.4 lakh demand for AY 2023-24 fully vacated; the AY 2024-25 records adjusted; client's treasury established a pre-deposit AY-validation checklist.
Section 226(3) attachmentRetail

Section 156 demand — recovery via Section 226(3) attachment

Issue: A Chennai retail firm received a Section 226(3) garnishee notice attaching ₹14 lakh in its current account towards a Section 201 demand under Section 156. The firm had not paid the demand pending appeal under Section 246A but had failed to file a Section 220(6) stay application.
Approach: Immediately filed Section 220(6) stay application before the AO citing CBDT OM benchmark of 20 per cent pre-deposit, paid ₹2.8 lakh, and obtained AO stay within 7 days. Followed up with a writ before Madras HC seeking immediate release of the garnisheed amount on the basis that the attachment, having pre-dated the stay, was now without statutory basis. The HC ordered release of ₹11.2 lakh while preserving the AO's right to enforce the unpaid 80 per cent post-appeal.
Outcome: ₹11.2 lakh released within 21 days of the writ order; appeal continues before CIT(A) (NFAC); client preserved the precedent and now files Section 220(6) within 30 days of every Section 156 demand as a standard step.
Section 206AA 20 per centRetail

Section 200A — Section 234E for non-PAN deductee declaration

Issue: A retailer received a Section 200A intimation showing short-deduction of ₹2.4 lakh because TDS had been deducted at 1 per cent under Section 194C for six contractors who had not furnished PAN, where Section 206AA mandated 20 per cent in absence of PAN.
Approach: Reviewed the contractor records — three of the six had furnished PAN belatedly after the deduction date. For those, filed correction statement with the now-available PAN and re-flagged the deduction at the correct rate (with retrospective effect being unavailable, claimed Form 26A relief from those deductees). For the remaining three, accepted the Section 206AA position and paid the short-deduction with Section 201(1A) interest.
Outcome: Short-deduction reduced from ₹2.4 lakh to ₹84,000 (relating to the three deductees who never furnished PAN); Form 26A relief secured for the three subsequently-PAN-furnished deductees; client SOP — PAN-on-file is now a pre-payment gate.

Why these Kellys engagements look the way they do: On the ground in Kellys, the business activity radiating outward from Kellys Junction and nearby commercial pockets; for the professional and salaried population of Kellys navigating personal-tax and home-office GST.

Client Reviews

What Kellys 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.”
Verified Client
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Common Questions

TDS Notice Reply FAQ — Kellys

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

There is no separate statutory reply window under Section 200A — but the demand becomes recoverable under Section 220 if not paid or contested within 30 days of service. The practical course is to download the Justification Report from TRACES, identify each default head (short payment, short deduction, interest, late fee), file an Online Correction return (C-1 to C-9) within 30 days to nullify the default, or file a Default Rectification Request (DRR) where the default is wrongly raised.
Section 234E levies a fee of ₹200 per day for delay in filing TDS statements (24Q/26Q/27Q/27EQ), capped at the TDS amount. The Karnataka High Court in Fatehraj Singhvi & Ors v. Union of India [2016] 73 taxmann.com 252 (Kar) held that levy of Section 234E fee through Section 200A intimations issued before 01-Jun-2015 is ultra vires — Section 200A(1)(c) authorising such levy was inserted only w.e.f. 01-Jun-2015 by Finance Act 2015. Thus pre-01-Jun-2015 quarter intimations levying 234E fee are quashable. For periods on/after 01-Jun-2015, the levy stands but date-wise calculation in the Justification Report should be verified.
Yes. Beyond TDS Notice Reply, we cover GST, income tax, TDS, company and LLP registrations, digital signatures, audits and finance documentation — so Kellys clients keep all their compliance under one roof. Ask us about anything on 9566-068-468.
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].
The C.A. must verify and retain: (i) deductee's PAN copy; (ii) deductee's ITR-V / ITR acknowledgement for the relevant AY; (iii) deductee's computation of total income showing the gross amount included as income; (iv) deductee's tax payment proof (challan / Form 26AS); (v) C.A.'s working papers reconciling the deductor's payment with deductee's income; (vi) management representation letter from deductor confirming amount paid and TDS not deducted. Annexure A in Form 26A is signed only after this verification.
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 Kellys, and a third office at Nolambur is opening shortly. Most clients, though, never need to visit.
Section 201(1A) levies interest at two rates: (i) 1% per month or part of month from the date on which tax was deductible to the date on which it is actually deducted (short / non-deduction); and (ii) 1.5% per month or part of month from the date of deduction to the date of actual payment to Government (late deposit). Interest runs even for a single day's part-month and is not waivable by the AO. Computation is automatic in TRACES Justification Report.
Yes — Form 26A can be filed even for past quarters where the deductor has already paid the short-deduction default under protest. On acceptance of Form 26A by NSDL / TRACES, the default is reduced to NIL and the deductor can claim refund of the over-paid TDS through the Refund Request module on TRACES (Statements > Request for Refund — Form 26B). Time-limit for refund claim is governed by general principles (Mafatlal Industries SC) — typically 3 years from date of payment.
Your engagement is handled by our in-house team led by Ravivarman R (Founder, 15+ years, 500+ engagements), with M. E. Chokkalingam on compliance and S. Jayaprakash on GST matters. You deal with named, qualified people throughout your TDS Notice Reply — not a call centre.
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.
Defence sequence: (1) characterise payment under Section 9(1)(vi) royalty / 9(1)(vii) FTS — apply Explanation 2 (royalty) and Explanation 2 (FTS); (2) invoke Section 90(2) — apply DTAA Article 12 "make available" test (India-US, India-UK, India-Singapore DTAAs); (3) cite Engineering Analysis (SC 2021) for software, GVK Industries (SC 2015) for FTS retrospectivity, Director of IT v. Bharti Cellular (SC 2010) for human-element test; (4) produce TRC + Form 10F + No-PE declaration; (5) if all fails, Form 26A is unavailable (non-resident payee) — fallback is Section 273B reasonable cause.
We keep payment simple for Kellys clients — pay digitally by UPI or bank transfer against a proper invoice. The fee is agreed in writing before work starts, so you always know the amount in advance.
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.
The first proviso to Section 201(1) (inserted by Finance Act 2012, w.e.f. 01-Jul-2012) — codifying CIT v. Hindustan Coca-Cola Beverages Pvt Ltd [2007] 293 ITR 226 (SC) — provides that the deductor shall NOT be deemed to be in default if the resident payee (i) has furnished his return of income under Section 139, (ii) has taken into account such sum for computing income in such return, (iii) has paid the tax due on the income declared, and (iv) the deductor furnishes a certificate to this effect from a Chartered Accountant in Form 26A (Annexure A). However, interest under Section 201(1A) at 1% per month still applies up to the date of filing of the deductee's return.
Section 276B prescribes rigorous imprisonment from 3 months to 7 years and fine where a person fails to pay to the credit of Central Government the tax deducted at source. CBDT Instruction F. No. 285/90/2013-IT(Inv.V) dated 24-Apr-2008 (modified time to time) sets a non-deposit threshold of ₹25 lakh for compulsory prosecution; below ₹25 lakh, the Pr. CCIT / CCIT may compound under Section 279(2). Recent prosecutions have surged since FY 2019-20 — defence is to deposit the TDS + 1.5% interest before the show-cause and apply for compounding.
Where a TDS challan was paid with a wrong TAN, AY, Section code or major head (200/400), the deductor approaches the assessing bank within 7 days (minor head) or the jurisdictional AO TDS within 90 days (TAN / AY / Section). The AO passes a correction order under OLTAS rules (CBDT Circular 11/2011). Corrected challan reflects in Form 26AS within 5-10 working days; the Online Correction C-1 / C-2 is then filed on TRACES to consume the corrected challan into the deductee statement.
TDS Notice Reply near Kellys:

Our TDS Notice Reply clients in Kellys are spread right across the locality — along Balfour Road, Dr Alagappa Road, Gengu Reddy Road, Gengu Reddy Subway and Harleys Road, and through the Barnaby Road, Brick Klin Road, EVR Periyar Salai and Gangadeeshwar Koil Street business stretches — so wherever your premises sit, expert help is close by.

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