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TDS deduction by individuals

Vishal Chandarana (Sr. Accountant & Auitor) (60 Points)

02 April 2018

Dear Sirs,

I just wanted to know that if an individual has no tax audit u/s44ab in last 2 years then Does he still have to deduct TDS? He is having TAN no since earlier he was covered under tax audit.

If there is no requirement to deduct TDS, pl provide case - laws, circulars etc. which supports it.

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4 Replies

RAJA P M ("Do the Right Thing...!!!") (128091 Points)
Replied 03 April 2018

No need to deduct TDS....
In case Tax Audit conducted on previous Year then TDS will be deductible...
But, Your case Tax Audit conducted on before Last 2 years then No need to deduct TDS in current year...

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Vishal Chandarana (Sr. Accountant & Auitor) (60 Points)
Replied 03 April 2018

Is there any suppoting section, circular, case law supporting to it.

tripti (ca article) (209 Points)
Replied 03 April 2018

An Individuals or an H.U.F. is not liable to deduct TDS except where the individual or H.U.F. is carrying on a business/profession where accounts are required to be audited u/s 44AB, in the immediately preceding financial year. So, no need to deduct TDS.

1 Like

Vishal Chandarana (Sr. Accountant & Auitor) (60 Points)
Replied 17 August 2018

hi can any one pl provide the case laws supporting non-deduction of tds in case no tax audit in last 2 years even if the person has TAN because he was earlier covered under tax audit