I would like to seek clarification on the consequences if an audited firm fails to deduct TDS under Section 194C/Other Section's of the Income-tax Act.
As per my understanding:
If TDS is not deducted where it is required, 30% of the related expenditure is disallowed under the Income-tax Act while computing taxable income. Apart from this disallowance, are there any other consequences? For example, if the firm is subjected to an Income-tax assessment or scrutiny in the future, can the Income-tax Department still require the firm to deduct and deposit the TDS on the same expenditure, even though 30% of that expenditure has already been disallowed in the same assessment year? In other words, does the disallowance of 30% under the Income-tax Act relieve the deductor from the obligation to deduct and deposit TDS, or can both consequences apply simultaneously? I would appreciate your guidance on this issue.
24 July 2026
Failing to deduct TDS results in a 30% disallowance of the expenditure under Section 40(a)(ia), but it does not relieve the firm from separate recovery actions. During an assessment, the Income Tax Department can simultaneously disallow the 30% expense and levy interest under Section 201(1A) or demand the tax as an assessee-in-default under Section 201(1).