Tds returns

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

27 October 2016 TDS returns are necessary so that party gets TDS credit on time, however, if full payment is paid to party and TDS is paid by deductor from his own pocket and party also doesn't want to claim same TDS credit then, whether filing of TDS return compulsory?

Sandeep Dharar

Sandeep Dharar (Expert)
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27 October 2016 If u have deducted TDS then u must have to pay it to government. Otherwise u may face problems from IT dept. on later date. Its the responsibility of the deductor to deduct TDS at the time of payment. If the deductor fails to deduct TDS, then he must pay it from his/her own pocket (with interest if applicable).

Querist : Anonymous

Querist : Anonymous (Querist)

27 October 2016 Payment is made alongwith interest, whether filing of tds return is compulsory?

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Sandeep Dharar

Sandeep Dharar (Expert)
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27 October 2016 Yes dear, then y did u pay the TDS for, if u r not going to file the return??

Querist : Anonymous

Querist : Anonymous (Querist)

27 October 2016 previously such expenses were disallowed under section 40(a)(ia) and hence to claim such expenses TDS has been paid by deductor himself, since payment was already made to party without deducting TDS. On payment such expenses would be allowed u/s 40a, but whether TDS also needs to be filed?