Disallowance u/s. 40(a)(ia) of it act - no ded. of tds

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mahender (Querist)
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17 August 2013 Whether payment of Rent for the whole year without deducting TDS attracts disallowance u/s. 40(a)(ia) while computing taxable income?

I saw in the reckoner, when amount is paid without TDS, no dis-allowance will attract, only in case of amount payable, the dis-allowance will attract.

Please clarify my doubt.

CA UMESH DULAL

CA UMESH DULAL (Expert)
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19 August 2013 whether the provision for 40(a)(ia) will applicable to entire paid amount or payable is subject matter of dispute.

If you have not deducted tds, then ask a certificate from the payee's CA certifying that the entire payment received by him has been offered to tax,

if you obtain these certificate, it treated as the provisions of section 40(a)(ia) has been complied with.

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