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TDS RETURN NOT SUBMITTED AND TDS ALSO NOT DEDUCTED

SANJEEV JHUNJHUNWALA (CHARTERED ACCOUNTANTS) (41 Points)

12 September 2007

Hi Myself sanjeev,

One of my client has not deducted TDS and had not deposited TDS return also for the year 2006-2007. So what is the alternative available. Whether he can deduct now and depost the same . What are the consequences for not filing the TDS return and non deduction of tds.

Pls anyone clarify.

regards

sanjeev

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6 Replies

(Guest)

tds return

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Nitesh (Chartered Accountant) (340 Points)
Replied 13 September 2007

first of all mention the status or constitution of ur client it depends on that

(Guest)

U/s 40(a)(i) If your client has not been TDS deducted or after deduction such Tax has not been pad to the department, such expenditure shall be disallowed. If tax is deducted/paid subsequently, then the deduction is available in the year in which tax has paid the department. So your client can avail deduction in the year in which such tax has paid to the department. This explanation is in the best of my knowldge. So plz confirm once again. With regards Giri

(Guest)

no tds deducted and not paid, the entire expenditure on which tds is not deducted which are covered u/s 194c,i,j.h will not be allowed to calim as expenditure for the respective financial year but it can be claimed in the expenditure in the year in which the tds being paid

Ramanathan (Article Assistant) (135 Points)
Replied 13 September 2007

ask your client to deduct all the pending dedcutions and pay them at leat now. the assesse is liable to pay interest and penalty on the same but for the time being the Income tax department is quite lethargic and accepts tds with out interest and penalty

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devendergaur (CA) (22 Points)
Replied 11 December 2008

A got Subcontractor and B is Principal Contrator, B gave on Contract for Rs. 100 Crores and B is also giving some equipments on rent of Rs. 10 Crores .

At the end A raise bill for 100 cr but B made paument of Rs. 90 cr, after deducting rent .

Now question is that is A liable to deduct tax on Rent of Rs. 10 Cr. inspite of Neither he is making any payment nor he is crediting B . When he is not making any paym,ent how can he deduct tax. Deduction is to reduce something but here is case is diferrent .

Please tell me any case laws ragarding or similar to this case .

Thanks

Devender gaur