Procedure notified for furnishing Form 26A electronically for correction and removal of technical defaults under the withholding tax provisions


Procedure notified for furnishing Form 26A electronically if TDS is not done i.e., for not treating the Deductor as Assessee-in- Default

The provisions of section 201(1) of the Act were amended by the Finance Act, 2012, with effect from 01 July, 2012.

By this amendment, a proviso was inserted that states that a person shall not be treated as assessee in default if they failed to deduct tax at source for the whole or any part of the taxes in accordance with the provisions of the Act, on any sum paid to a resident or on any sum credited to the account of a resident, provided the resident payee –
– if has furnished his/ her return of income under section 139 of the Act;
– has considered such sum for computing income in such return of income;

–  has paid the tax due on the income declared by them in their such return of income; and the person has furnished a certificate to this effect from an accountant in Form 26A, prescribed under Rule 31ACB of the Income-tax Rules, 1962 (the Rules).

The procedure is notified by CBDT vide notification No. 11 of 2016 which is as under:              [button color=”” size=”” type=”” target=”” link=””]Dawonload[/button]

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