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40(a)(i) (Income Tax)

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This query is : Resolved


( Author )
21 June 2012

is directors remuneration considered as salary for purpose of 40(a)(i)if that remuneration is paid abroad and TDS u\s 195


CA CS Amit S. Kedia

( Expert )
21 June 2012

Dear Mr. Sriram,
If the director are non resident then Section 40(a)(i)shall be applicable and TDS will be deducted u/s 192 and not u/s 195.



sriram

( Author )
21 June 2012

Tks for response and wat if tds u/s 195 is made but tax deposited after due date of 200(1)


CA CS Amit S. Kedia

( Expert )
21 June 2012

Dear Mr. Sriram,

If the directors are non resident and TDS is not deducted u/s 192 then salary paid will be disallowed u/s 40(a)(iii)

If the head is wrongly mentioned then it can be corrected within 7 days by informing the respective banks, else AO tds will rectify the mistake.
The TDS is deposited after the due date then interest will paid @1.5% per month or part of the month from the date of deduction


sriram

( Author )
21 June 2012

Tks alot amit for ur efforts


sriram

( Author )
21 June 2012

Amit can u get were its said tat 192 is applicable for remuneration paid to non residents


CA CS Amit S. Kedia

( Expert )
21 June 2012

Section 195 does not apply if section 192 applies.
Read Section 195 carefully, you will get your answer.
Thanks.



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