Query on tds deducted expenditure

451 views 2 replies

Hello friends,

please help to solve the following query

 

in case a pvt. ltd. company fails to deduct  t.d.s. on any interest paid to any unsecured depositor then whether such amount of interest paid on such loan will be added back to company profits, or whether these will be allowed as expenditure?????

thanking in anticipation

 

Replies (2)

Yes if the amount of interest exceedsRs.5000 during the year then it will be disallowed

In case of failure to deduct tax at source the following provisions of IT act 1961 will get attracted.

-40a(ia)  Dissallowance of specific expenditure (while computing the income of            

            the deductor) if tds is not deducted from the Payment.

in addition to dissallowance the following penality interest provision  will also get attracted.

-201(1)  May demand tax equal to tax amount deductible but not deducted.

-201(1A) Interest   @ 1 % p.m. of tax deductiable.

-271C    penality equal to the amount of tax deductible but not deducted.

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