Applicability of TDS on individual

This query is : Resolved 

30 August 2010

As per TDS provisions, an individual/HUF is not liable to TDS provisions, unless he is subject to tax audit U/S 44AB. But i require clarifications with regard to folowing

1. How suppose if the turnover crosses threshold limit ( i.e 40lac/10lac) in the month of March, then he becomes liable to deduct TDS. In that case, will he be liable to deduct TDS with retrospective effect( Previous months).

2. When an individual/HUF should apply for TAN?

B.Chackrapani Warrier (Expert)
30 August 2010

Tax has to be deducted for the payments made from the beginning of the financial year.
Application for TAN shall be submitted with in one month from the end of the month in which the tax was deducted.

CMA. CS. Sanjay Gupta (Expert)

30 August 2010

1) Yes he will be liable to deduct TDS with retrospective effect i.e. On all payments attracting TDS during that previous year.
2) An individual / HUF shall apply for TAN once they are liable to deduct TDS. They can also apply even before they are liable to deduct TDS. Application for TAN should be made in form 49B.

darpan chheda (Querist)
01 September 2010

Thank you very much experts...

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