Dr. Jones (Director) (253 Points)
09 February 2014Hi,
Can Pvt Ltd Company calculate and do TDS of their Director's salary in the last quarter for the total salary given in that financial year?
So, for AY14-15, can company do TDS payment and filing in 4th Quarter for salary paid from 1st April 13 to 31st March 2014?
Do that attract any penalty for late filing/payment of TDS?
Please let me know.
Z
( )
(2965 Points)
Replied 09 February 2014
S.192(3) reads as "The person responsible for making the payment referred to in sub-section (1) or sub-section (2) or sub-section (2A) or sub-section (2B) may, at the time of making any deduction, increase or reduce the amount to be deducted under this section for the purpose of adjusting any excess or deficiency arising out of any previous deduction or failure to deduct during the financial year."
In case of Madhya Gujrat vij Co. Ltd V. ITO [2011] it was held that its not the intention of S.192(3) that employer can casually take deduction of tax at source and resort to pay lump sum deduction at the end of financial year.
All the provisions relating to short or no deduction with interest etc will apply
Mihir
(Wealth Manager)
(5293 Points)
Replied 09 February 2014
Yes, the company may do so but there shall be interest payable.
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