Tds not deducted and paid

This query is : Resolved

Devendra (Querist)
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01 March 2012 Mr. X has paid rent for the whole year ie. F.Y 2011 - 12, but has not deducted TDS on the same. He wants to pay the TDS before filing the ITR for A.Y 2012 - 13, whether the rent will be disallowed even if TDS is paid with interest before filing the ITR?

CMA. CS. Sanjay Gupta

CMA. CS. Sanjay Gupta (Expert)
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01 March 2012 No t will not be disallowed. It is not the concern of the I.T.Department whether TDS is paid from own pocket. Since TDS is deposited, rent will be allowed.

Guest

Guest (Expert)

02 March 2012 But now adjust the tds on future rent payable to the vendor..

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CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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02 March 2012 Since Mr. X is an individual, he wil deduct TDS only if he was subjected to tax audit in the previous year.

If he was outside the perview of tax audit in the previous year, he is NOT required to deduct TDS.