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How to discontinue paying tds

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05 May 2014 Hello,

I am HR at a software firm, it is a proprietary firm owned by a single person with few employees.

The firm develop custom softwares, turnover is less than 1 crore, we pay 58000 per month building rent and spend about 3 lakhs monthly on online advertisements, I think we don't fall under tax audit(Section 44AB). Someone suggested us to start paying TDS on rent and advertisements, earlier we were not aware of section 44AB and started paying TDS from last three months.

My Question: As we think that we are exempted under 44AB can we discontinue paying the TDS now ? If yes is there any specific procedure for that or just simply stop paying, please suggest.

Thanks in Advance
Raman

05 May 2014 you don't have to follow any procedure. you are not liable to deduct TDS and you can stop doing so with immediate effect.

05 May 2014 Thanks sir, as we have submitted/paid TDS of last three months(Jan, Feb and March), what should we do for that?, should we file the TDS return and issue certificates to our ads agency and landlord or is there any procedure for filing TDS refund ?


Raman




05 May 2014 yes. for the period in which you have deducted tds, you need to file the tds return and issue tds certificate.

thats the easier way out. claiming refund is difficult.

once the return for this period is completed, you can stop deducting for subsequent period.s

05 May 2014 Thanks Mr. Kaushik.

One more question: We develop software and advertise & sell them in Western and European Markets. We don't advertise or sell our software in India.

My Question: Except Income Tax are we liable to pay any other tax like Service Tax etc ?, please suggest.


05 May 2014 Raman for service tax, your actual model needs to be checked...whether or not the same is export of services. a positive assertion cannot be made without a close look at your activities.



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