Section 200 of Income Tax Act "Duty of person deducting tax"
200. (1) Any person deducting any sum in accordance with
the foregoing provisions of this Chapter shall pay within
the prescribed time, the sum so deducted to the credit of
the Central Government or as the Board directs.
(2) Any person being an employer, referred to in sub-section
(1A) of section 192 shall pay, within the prescribed time,
the tax to the credit of the Central Government or as the
Board directs.
(2A) In case of an office of the Government, where the sum
deducted in accordance with the foregoing provisions of this
Chapter or tax referred to in sub-section (1A) of section
192 has been paid to the credit of the Central Government
without the production of a challan, the Pay and Accounts
Officer or the Treasury Officer or the Cheque Drawing and
Disbursing Officer or any other person, by whatever name
called, who is responsible for crediting such sum or tax to
the credit of the Central Government, shall deliver or cause
to be delivered to the prescribed income-tax authority, or
to the person authorised by such authority, a statement in
such form, verified in such manner, setting forth such
particulars and within such time as may be prescribed.
(3) Any person deducting any sum on or after the 1st day
of April, 2005 in accordance with the foregoing provisions
of this Chapter or, as the case may be, any person being an
employer referred to in sub-section (1A) of section 192
shall, after paying the tax deducted to the credit of the
Central Government within the prescribed time, prepare such
statements for such period as may be prescribed and deliver
or cause to be delivered to the prescribed income-tax
authority or the person authorised by such authority such
statement in such form and verified in such manner and
setting forth such particulars and within such time as may
be prescribed:
Provided that the person may also deliver to the prescribed
authority a correction statement for rectification of any
mistake or to add, delete or update the information
furnished in the statement delivered under this sub-section
in such form and verified in such manner as may be specified
by the authority.
200A. (1) Where a statement of tax deduction at source or
a correction statement has been made by a person deducting
any sum (hereafter referred to in this section as deductor)
under section 200, such statement shall be processed in the
following manner, namely:-
(a) the sums deductible under this Chapter shall be computed
after making the following adjustments, namely:-
(i) any arithmetical error in the statement; or
(ii) an incorrect claim, apparent from any information in
the statement;
(b) the interest, if any, shall be computed on the basis of
the sums deductible as computed in the statement;
(c) the fee, if any, shall be computed in accordance with
the provisions of section 234E;
(d) the sum payable by, or the amount of refund due to, the
deductor shall be determined after adjustment of the amount
computed under clause (b) and clause (c) against any amount
paid under section 200 or section 201 or section 234E and
any amount paid otherwise by way of tax or interest or fee;
(e) an intimation shall be prepared or generated and sent
to the deductor specifying the sum determined to be payable
by, or the amount of refund due to, him under clause (d);
and
(f) the amount of refund due to the deductor in pursuance of
the determination under clause (d) shall be granted to the
deductor:
Provided that no intimation under this sub-section shall be
sent after the expiry of one year from the end of the
financial year in which the statement is filed.
Explanation.-For the purposes of this sub-section, "an
incorrect claim apparent from any information in the
statement" shall mean a claim, on the basis of an entry, in
the statement-
(i) of an item, which is inconsistent with another entry of
the same or some other item in such statement;
(ii) in respect of rate of deduction of tax at source, where
such rate is not in accordance with the provisions of this
Act.
(2) For the purposes of processing of statements under
sub-section (1), the Board may make a scheme for centralised
processing of statements of tax deducted at source to
expeditiously determine the tax payable by, or the refund
due to, the deductor as required under the said sub-section.