Chapter xvii b & bb of income tax act, 1961

This query is : Resolved 

Querist : Anonymous (Querist) 23 November 2013

I am running a pvt ltd. co. and not related to cut TDS hence never applied for TAN No.

Received mail from that to reply.

You are not liable to deduct and collect tax as per the provisions of Chapter XVII B & BB of Income Tax Act, 1961 or any other reason.

What should be our reply

Nikhil Kaushik (Expert)
24 November 2013

Dear Ashu,

Your reply should be based on the facts of your case.

Are you liable to deduct TDS? If yes, then better apply for TAN and deduct TDS in future. Anyways, with regards to earlier payments, the AO would anyways disallow expenses where TDs was deductible but was not deducted.

So first establish the facts of your case and then accordingly you can reply. Ignorance of Law is not going to be a defense here.

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