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Notification 34/2008

sunil jain

As per recent CBDT notification 34/2008 dt 13-03-2008, tax by all specified persons shall be paid electronically only wef 01-04-08. Whether this notification would applly to deposit of TDS also.

CBDT Notification 34/2008 Mandates E-payment for Specified Persons, Excludes TDS Deposits per Income Tax Act Section 2(43). A query was raised regarding whether the recent CBDT notification 34/2008, which mandates electronic payment of tax by specified persons from April 1, 2008, applies to the deposit of TDS. Two responses clarified that the notification does not cover TDS payments. The definition of 'tax' under section 2(43) of the Income Tax Act was cited to support this, indicating that the notification's wording does not include amounts deducted under Income Tax provisions. (AI Summary)
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Surender Gupta on Mar 21, 2008

No, TDS shall not be subject to Electronic payment of tax. The meaning of tax u/s 2(43) is as follows: "tax in relation to the assessment year commencing on the 1st day of April, 1965, and any subsequent assessment year means income-tax chargeable under the provisions of this Act, and in relation to any other assessment year income-tax and super-tax chargeable under the provisions of this Act prior to the aforesaid date [and in relation to the assessment year commencing on the 1st day of April, 2006, and any subsequent assessment year includes the fringe benefit tax payable under section 115WA"

Guest on Mar 25, 2008
As rightly pointed out by Mr Gupta, the wordings of the present Notification has not covered the payment of amounts deducted as per the Income tax provisions.
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