TDS returns

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

12 February 2010 Help in following issue:
One pvt co has incurred expenses on Rent, Contract Payment & Professional Charges without tax deduction from 01 st APR 09.
Company has applied & allotted TAN in JAN 10.
Company makes all required deduction in JAN FEB & MARCH with interest for all above expenses.
Now whether it should file T.D.S. returns from APR 09 or from Jan 10?

kiran deshpande

kiran deshpande (Expert)
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13 February 2010 As per Rule 31A, 'every person responsible for deducting' is supposed to file quarterly return. However, the Rule is in accordance to the provisions of Sec. 200(3)which says 'any person deducting any sum' shall file quarterly statement.

Since, in the present case, tax has not been deducted in earlier three quaters, There is no need to file quaterly returns for earlier quarters.

It is also to be noticed that the TAN has been taken in Jan 10 which is must for filing of quarterly statement. Therefore, the TDS return could not have filed earlier

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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13 February 2010 My view,If the private limited company incurring expenses from April-09 onwards they shuold start deduct TDS from that stage and applied TAN in the same time. your not deducted the April-09 in wards TDS, it may chance to disallowance of the particular expenses during assessment

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CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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13 February 2010 Your not deducted April-09 to Dec-09 the TDS and not necessary to file the return

Querist : Anonymous

Querist : Anonymous (Querist)

13 February 2010 yup its true that company has not deducted tax but it is now deducting from the beginning along with interest after the date of allotment of TAN.

CA Sanjeev Kr Jain

CA Sanjeev Kr Jain (Expert)
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15 February 2010 deduct tds for entire year and file the tds return for all the quarters. The quarter will be decided when the tds is deducted. it does not make diff in tds is deducted in back date or current date because interest would be same. however tds needs to be deposited before 31st march 2010

CA Sanjeev Kr Jain

CA Sanjeev Kr Jain (Expert)
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