Applicability of TDS provisions or not ?
This query is : Resolved
26 June 2008
Dear All,
One of my client is having partnership firm in F.Y 2005-06 which is converted into proprietory concern in F.Y 2006-07. In F.Y 2005-06 Audit was done u/s 44AB and also TDS is deducted on unsecured loans.In F.Y 2006-07 there is no unsecured loan hence TDS is not deducted and also he is not eligible for Tax Audit during F.Y 2006-07 since his receipts are below 40 Lacs. Now in F.Y 2007-08 he is liable for Tax Audit. My question is that whether TDS provsions are applicable in F.Y 2007-08 as the business is in Proprietorship Name and in propreitorship name this is his first year of audit.
One of my client is having partnership firm in F.Y 2005-06 which is converted into proprietory concern in F.Y 2006-07. In F.Y 2005-06 Audit was done u/s 44AB and also TDS is deducted on unsecured loans.In F.Y 2006-07 there is no unsecured loan hence TDS is not deducted and also he is not eligible for Tax Audit during F.Y 2006-07 since his receipts are below 40 Lacs. Now in F.Y 2007-08 he is liable for Tax Audit. My question is that whether TDS provsions are applicable in F.Y 2007-08 as the business is in Proprietorship Name and in propreitorship name this is his first year of audit.
S.Srinivasaraghavan
(Expert)
26 June 2008
It depends upon what is the section under which TDS is required.
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