Disallowance of Expense U/s. 40 (a)(ia)

This query is : Resolved

SHRIKANT (Querist)
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08 August 2010 Sir,
Due to non payment of TDS within time limit, the AO disallowed expenses u/s 40a ia.

The expenses so disallowed will be allowed in year as TDS is paid.

My question is whether i can appeal against interest levied u/s 234B ?

The client also have not filed revised return for the effect before due date. Can i file revised return by appeal with CIT by way of condonation of delay ?
Or whether it can be rectified u/s 154 ?

CA. Pradeep Nayak

CA. Pradeep Nayak (Expert)
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09 August 2010 You cannot appeal against interest levied u/s 234B as the expense is disallowed due to default on part of the assessee as he had not deposited TDS on time.

Also your client cannot file a revised return if the original return was not filed within the due date. You cannot file any appeal for condonation of delay in filing the original return in order to file a revised return. Such provision is not available under the law.

SHRIKANT

SHRIKANT (Querist)
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11 August 2010 Sir,
thanks for reply. the client has filed his original return on time. so can i appeal for condonation of delay in filing revised return as the last date was 31-03-2010 for filing revised return.

CA. Pradeep Nayak

CA. Pradeep Nayak (Expert)
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12 August 2010 Revised return cannot be filed after the due date for filing such return. You cannot apply for condonation of delay, if any.

Also, revised return has to be filed before completion of assessment. In your case as the assessment is complete & AO has raised the demand notice, you cannot file a revised return.

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