TDS Deducted and paid in wrong head

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

16 June 2010 Hello Friends !!

In my company we have Two person to whom we are paying commission and salary both.Till last qtr we have deducted and paid TDS under 94-H at 10%

Till 3rd quarter our CA dint clarify about that but in last quarter he suggested that you should deduct and pay TDS in 92-B instead 94-H.

Now the problem is if i m deducting TDS in 92-B then wht about Which i have already paid in 94-H?

should i deduct and pay remaining 20% ? or 30% ?

please help me out

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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16 June 2010 My suggesstion,For calculating the tds on salary 192B, you calculate total tax for the person and give credit for what ever deducted in the head 194H and balance you deduct the tax and pay to the Govt. since the first 3 quarters already return might have filed, let emplyee show his return and take credit both forms i.e 16 & 16a

Other expert view also solicited

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Shyam Lal Naik

Shyam Lal Naik (Expert)
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16 June 2010 Naturally, you should pay the balance tax only.

You may apply the AO(TDS) for rectifying the code 94H to 92B.

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CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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16 June 2010 Dear Naik, If the TDS payment in sigle challan for the particular deduction easily can rectify but in case combined challans for some other deductees, particularly the portion of challan recifitication request my view is difficult to do

Querist : Anonymous

Querist : Anonymous (Querist)

16 June 2010 thanks a lot!!!!! for your kind suggestions

Sumit Soni
CA Fianl

Shyam Lal Naik

Shyam Lal Naik (Expert)
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16 June 2010 Dear Krishnan,

Agreed.

In case of combined challan, it is not only difficult, rather it is not possible.