Non deduction of tds on salary

This query is : Resolved

Binita Upadhyay (Querist)
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24 January 2019 Assessee has made payment to its directors amounting to Rs.450000/- each for 3 directors and tds has not been deducted so is assessee liable for disallowance u/s.40(a)(ia)? or is there any relief available for non deduction of tds on salary for A.Y.2018-19?

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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25 January 2019 Yes 30% dis-allowance u/s 40(a)(ia) if liable to deduct TDS and not deducted.

Puja Sharma

Puja Sharma (Expert)
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25 January 2019 No, there is no way of relief. 30% of the expenditure will be disallowed.

However the Section 201(1) reads as under:

"Where any person, including the principal officer of a company,—

(a) who is required to deduct any sum in accordance with the provisions of this Act; or

(b) referred to in sub-section (1A) of section 192, being an employer,

does not deduct, or does not pay, or after so deducting fails to pay, the whole or any part of the tax, as required by or under this Act, then, such person, shall, without prejudice to any other consequences which he may incur, be deemed to be an assessee in default in respect of such tax:

Provided that any person, including the principal officer of a company, who fails to deduct the whole or any part of the tax in accordance with the provisions of this Chapter on the sum paid to a resident or on the sum credited to the account of a resident shall not be deemed to be an assessee in default in respect of such tax if such resident—

(i) has furnished his return of income under section 139;

(ii) has taken into account such sum for computing income in such return of income; and

(iii) has paid the tax due on the income declared by him in such return of income,

and the person furnishes a certificate to this effect from an accountant in such form as may be prescribed:

Provided further that no penalty shall be charged under section 221 from such person, unless the Assessing Officer is satisfied that such person, without good and sufficient reasons, has failed to deduct and pay such tax."

The CA certf, is Form No 26A (Rule 31ACB).

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