One of my friends owns a Proprietorship company, has not deducted TDS on salary for any of the employees through out the year. No advance tax was even deposited by employees from their side as well. Now, what are the consequences, how to correct this default. My Freind says he cannot afford to disallow salary expenses, he is willing to comply with the law and do everything necessary.
Should i approach a CA for Form 26A Certificate ? Or Whether, tds amount can now be recovered from employees and deposited with Governement along with Interest and TDS returns ( with late fees)
07 April 2014
he needs to pay int in addition to tds amount.
Querist :
Anonymous
Querist :
Anonymous
(Querist)
07 April 2014
Tushar Sampath
Thank you , can you kindly elaborate. Can we recover the amount from employees now and remit to government
Or
Just a Form 26A from a CA, plus Interest for non deduction would be sufficient to claim allowance of salary expenses, since the employees are filing ITR and paying taxes thereon ???
07 April 2014
obtaining Form 26A should be sufficient..by the way, since when 40(a)(ia) starting applying on salary? salary expense wont be disallowed anyways...
However, Form 26A shall be required to avoid the consequences under section 201.
08 April 2014
you dont have to submit form 26A anywhere just need to preserve it and when in future if at all AO demands then u need to provide him a copy for the same.