Alowable of Technical fees, amount paid to Non Resident

This query is : Resolved 

10 December 2009 Dear expert
Plz clarify the allowable of Technical fees if the deductee has not deducted TDS on Payments of technical fees 2008-2009 and same deduction is not claim but the assessee has deposited TDS(C.Govt.) without deduting TDS,the assesee Can claim such disallowed expenses earlir in 2009-10 ?

Further if the assessee deposited TDS without deducting in 2008-09 can claim such expenses?

10 December 2009 Yes. The assessee can claim such expenses in the year he has deposited the TDS in treasury account of Central Government.

10 December 2009 The TDS should be deposited grossed up. If tax rate is 20%, then deposit 25% of Invoice value if full payment has been given to the party.


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