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(Querist)
26 June 2010 Hi sir,
Xltd company paid salary to a non-resident after deducting TDS,but he failed to deposit the TDS

My Question:-Whether the company can deduct salary paid as business expendiure u/s 37(1) or not?
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deepak K Gujrati

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deepak K Gujrati (Expert)
26 June 2010 For Asst Year 2010-11, TDS has to be paid on or before due date for filing of Return. If salary has to be allowed as a business expenditure , TDS has to be deposited before due date as mentioned in section 139(1).
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Aditya Maheshwari

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Aditya Maheshwari (Expert)
26 June 2010 The same will be disallowed in section 40(a)(iii) as salary has been paid to a non resident and TDS has been deducted but not paid.
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Krishan

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Krishan (Expert)
26 June 2010 yes, it would be disallowed as per section 40(a)(iii)

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