Income Tax Exemption

ITR 1542 views 13 replies

Can any one please provide me with the following information

one of our employee worked with other company in the f.y 2009-10 for 5 months and tds was deducted in that company and for the rest of the months in worked in our company in the same year for rest of the months

and our company did not deduct the tds even though some amount has to be deducted

what should be done in this current year

 

Replies (13)

As per my opinion you people should deduct his TDS and make him Net payment and deposit the same with ITD and dontthink about whatever happens in past because your co. would not been allowed deduction of such amount of money on which they had not deducted any TDS.....

 

agree with Mr.Rachit but be careful in future otherwise you have to pay penalty U/s 271C.

thank for ur reply

but in the last filed balance sheet for the f.y09-10 no such amount has been disallowed on which tds as not been deducted

 

and know say what should i do

Do as i said and make him ther net payment............

may whoever was your auditor either didnt notice the same or may be has left the same  that leave it now will see if any issy\use arise in future............

generally this is the most CA-Attitude while doing TAx Audit as their client expect from them to reduce their taxable liability and not to enhance the same so please do what i sad because if yopu will not dedyuct the same than at the time of Scrutiny the same will be identified and will be disallowed so its better to do wthe same as what i sad.................

 

yes it will disallowed deposit tds amount with interest , revise your tds return revise your ITR.

Originally posted by : Pankaj Arora

 

yes it will disallowed deposit tds amount with interest , revise your tds return revise your ITR.

Agree with mr. pankaj but foir your kind information now for A.Y.2009-10

nothing cannot be done as no one can make changes in the Audit report............

Can anyone tell me the section under which expense on salary will be disallowed if TDS is not deducted.

Clearly section 40(a)(ia) is not applicable to salaries.

Where an employee has more than one employer ,he us required to furnish form 12B to second  employers regarding all the details of salary received by him from fiirst employer than after the second employer can deduct TDS on the bases of information submited to him .

In your case employee has to furnish form 12B to your company than after your company can deduct TDS based on the information for the balance no. of months.

Originally posted by : CA KRISHNA KUMAR DARUKA

Can anyone tell me the section under which expense on salary will be disallowed if TDS is not deducted.

Clearly section 40(a)(ia) is not applicable to salaries.

SAME QUESTION FROM HERE ALSO..............

Originally posted by : CA KRISHNA KUMAR DARUKA

Can anyone tell me the section under which expense on salary will be disallowed if TDS is not deducted.

Clearly section 40(a)(ia) is not applicable to salaries.

 same question..

 

also

short dedutions n no deductions of TDS can be adjusted only within same financial year , adjustments cant be made for previous years short falls....

 

employer will be assessee in default, thus 2 penalties r attracted 

u/s 201    --  1% from from deductible date till payment by recepient.

u/s 271c  --  amount equal to tax not deducted 

 

i welcome comments if any....

only salary paid outside india or to non resident without deducting TDS or after deducting TDS not deposited is disallowed (refer sec 40(a)(iii)). That means salary paid to resident in India without deducting TDS is allowed as deduction. Because sec 40(a)(ia) does not specifically cover salary expense.
 

Hi frnds is there any exemption in CA if we have completed CWA?


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