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Is my exp is disallowed?

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Querist : Anonymous

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Querist : Anonymous (Querist)
26 April 2013 one of my assessee is in tax audit in last year, in the financial year ending 31march 2013 he is not in audit.
he is required to deduct tds on commision paid in march, but he does not has TAN yet.
is the payment made for commision is disallowed, because he is not deposited tax till april 2013.(as he is not having TAN)
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CA.Sourabh Sethia

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CA.Sourabh Sethia (Expert)
26 April 2013 since he is not in tax audit he has to file the return on presumption basis so there is no question of allowance or dis-allowance

as the assessee has to file his return on presumption basis section 40 does not come in the picture


Note : Assessee should be individual/HUF
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CA.Sourabh Sethia

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CA.Sourabh Sethia (Expert)
26 April 2013 &
if he is in business (section 44AD)or Section 44AE

otherwise the same will be disallowed

eg if he is in profession
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