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TDS not deducted - consequences

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(Querist)
23 April 2008 Please let me know which Section of Income Tax Act says - expenditure is not allowed in the year of payment in case TDS not deducted during that year?


Are there any exception to the rule?
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CA Shailesh +91 9393926464

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CA Shailesh +91 9393926464 (Expert)
23 April 2008 TDS if disallowed u/s 40(a) is allowed in the year of payment. No exceptions
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Anil

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Anil (Querist)
23 April 2008 Some memeber in this forum had mentioned few days back that TDS on Salary is an exception. Can you please confirm this?

Will the expenditure allowed in a year if the TDS is SHORT deducted during that year?
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Jitender

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Jitender (Expert)
23 April 2008 because sec 40(a) does not cover sec 192 i.e salary.
but if tds is not deducted on salary, penalty provisions are still applicable.
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Anil

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Anil (Querist)
23 April 2008 If TDS is SHORT deducted on an expenditure in a financial year, will the expenditure be allowed as deduction in that financial year?
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CA Hemant T Dewani

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CA Hemant T Dewani (Expert)
23 April 2008 only up to the deduction of tax is allowed expences in that year
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Anil

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Anil (Querist)
23 April 2008 Dear Hemant Sir,

Your answer is not clear to me. I request you to kindly explain it.(If possible, with an example)

Thanks.
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CA. Yayati Tyagi

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CA. Yayati Tyagi (Expert)
05 May 2008 example :
total exp.: 10,000
tds rate : 2%
deducted :100 (in place of 200)
expenditure allowable : only 5,000
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Jitender

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Jitender (Expert)
25 August 2008 proportionate disallowance will be made if tds is shortly deducted.
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Jitender

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Jitender (Expert)
25 August 2008 proportionate disallowance will be made if tds is shortly deducted.

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