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Claiming TDS Credit

This query is : Resolved 
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(Querist)
30 June 2008 X Ltd had paid professional fee to a Y Ltd (HR Outsourcing company) Rs 84 lacks in financial year 2006-07. TDS was not deducted U/s 194J when these payments were made.

Due to the above the expense of Rs 84 laks will be disallowed in the books of X Ltd U/s 40(a).

X Ltd is planning to pay TDS on Rs 84 lacks in the financial year 2008-09. Will the expense be allowed as deduction for the financial year 2008-09 ?

Assuming X Ltd pay TDS on Rs 84 lacks and issues TDS certificate to Y Ltd; Can Y Ltd claim credit for TDS paid on its behalf in financial year 2008-09 ? (Pls note Y Ltd has paid Income tax on its income in financial year 2006-07 ).
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Sakshi Gumbar

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Sakshi Gumbar (Expert)
30 June 2008 Yes the expense will be allowed as deduction in 08-09.
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Kram

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Kram (Querist)
30 June 2008 Principal question is "Whether Y LTd can take credit based on TDS Certificate".
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Late CA Sampat Jain

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Late CA Sampat Jain (Expert)
03 July 2008 i) yes

ii) no
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