I need a help regarding a situation, For FY 14-15 of an employee TDS has been deducted u/s 194j(1)(ba) for both 1st & 2nd quater and form 16 A has been issued. alter on it was found that he doe satisfy the pision of section 194J(1)(ba). so from 3rd quater TDS deducted u/s 192b Salary. and 3rd quater return alos filed respectively. Problem is that How to treat the matter. Whether I Will treat for 3rd & 4th quater as under 192B & 1st & 2nd quater as it was, OR Should I treat it u/S 192B salary from 1st quater by adjusting the Tax Payment of one Section with another section as per amendment of Income Tax, after revising the 1st & 2nd Quater return, Wheteher it is possible to revised the return on which form 16A issued already, or any other way to treat it. Please help me out. Thanks & Regards
16 April 2015
In my view there is no restriction on issuing Form 16A/16 as finally the credit is given on the basis of Form 26AS. . In case , there is no solid ground on paper, for deduction U/s 194J, you may revise the Q1 and Q2 returns, if possible. . Where CPC does not allow the revision due to any technical reason, in order to avoid a short deduction situation, deduct sufficient TDS by considering the earlier payments also as Salary (Deduction at higher rate is not denied). .
I want a suggestion regarding above matter as for 1st & 2nd quater TDS was deduceted u/s 194j(1)(ba) & can it be continued with deduction u/s 192b salary for the rest of two quater. would it not contradict in laws any where please suggest me
CAclubindia
