Pawan Singhal (chartered accountant) (655 Points)
18 August 2010
assesse deduct tds timely but not paid timely to govt. a\c. is it require to give detailed in audit report u/s 44ab for late payment of tds . as per it act.
Manoj BG
(Tax Professional and in Service)
(1795 Points)
Replied 18 August 2010
Dear Sir,
There is no need to mention this fact in 3CA or 3CB as the same details needs to be entered in 3CD itself. Even if there if delay in depositing TDS, the same should be mentioned in 3CD itself by way of annexure. If the Assessee doesn't provide such details in 3CD even if there is delay, he may asked to provide such details otherwise it will come as qualification in 3CA/3CB. Even then, if assessee doesn't provide the details, CA is free to qualify his report. Further u may go through the guidance note issued by ICAI for Audit u/s 44AB.
Regards,
Manoj
Deepesh Khatri
(CA)
(167 Points)
Replied 18 August 2010
Clause 27(b) of Form 3CD requires the following information:
(i) Tax deductible and not deducted at all
(ii) shortfall on account of lesser deduction than required to be deducted
(iii) tax deducted late
(iv) tax deducted but not paid to the credit of the Central Government
Thus you are not obliged to disclose TDS not paid on time unless it has not been paid;
1 Upto 31st May 2010 for 01/04/09-28/02/10
2 Upto 30th Sept 2010 for March 2010.
Still wait for experts to reply. I may be wrong.
Deepesh Khatri
(CA)
(167 Points)
Replied 19 August 2010
I rectify myself,
You would be required to make disclosure Under Clause 21(i)(b) of Form 3CD.
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