Tax audit and tds

This query is : Resolved

Guest

Guest (Querist)

06 October 2014 Hello Experts,
An individual assessee having constuction contracts has not deducted TDS on the subcontract expenses as for last 2 years his receipts had not crossed 1 crore.
(He was Audited in FY 10-11)

But This year he crossed 1 crore.

Should I disallow the expenses?

Nikhil Kaushik

Nikhil Kaushik (Expert)
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06 October 2014 no. it is not required. For TDS deduction to be made applicable to an individual it is required that he should have been audited in the year preceding to the financial year in which payments were made. So if the payment is made in 2013-14, the tax audit should have been applicable under clause (a) or (b) of 44AB in FY 2012-13 (AY 2013-14)

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