13 May 2015
case is as under: Lets my co name is ABC Ltd, in which A,b and c are different business segments and having separate accounting books, separate TAN but PAN is one. NOW during 14-15, Co has demerged into 2 companies and B ltd is now become separate co from july 14 as per high court order. but B co. run the business in name of ABC till 31.12.14. even vat return Q-3, TDS return Q-3 , excise returns was filed on console basis till dec 14. B ltd take separate TAN in Feb 15 with his name,so till jan 15 (07.02.15) , TDS has been deposited in old TAN in name of ABC ltd.
Now question is that weither for filing Q-4 TDS return, 1) 24 Q & 26Q is to be filed double i.e. first 24Q for Jan 15 only with TAN of ABC ltd and second 24Q for Feb & Mar 15 with TAn of B Ltd. if yes, then in case of 24Q, most of TDS has been deducted & deposited at year end in Mar 15 in TAN of B Ltd, but tax liability on employee salary belongs to April to Jan 15 of ABC ltd TAN. furtherif separate calculation is made as taken 2 diff cos, then TDS liability arises in TAn of ABC ltd for deduction & deposited on 07.02.15 on salary.Now how to file 24 Q, with combined salary for whole year and tds deduction on same without nay default. further Form 16 is to be issue separate for both cos. 2) only single 24Q and 26Q , is to be filed in TAN of B ltd, after considering TDS deducted and deposited on 07.02.15 with TAN of ABC ltd into the B ltd. with an application to jurisdictional AO, for giving benefit of TDS of JAN 15 from ABC to B Ltd.
13 May 2015
1 24Q and 26Q be filed double, for Jan 15 by ABC ltd and Feb & March 15 by B ltd. Not a problem for salary TDS, taking in to salary earned in previous company the current employer has to make TDS at the year end considering the salary for the whole year.