Need to deduct TDS on capital expenditure?


This query is : Resolved 

Avatar

Querist : Anonymous

Profile Image
Querist : Anonymous (Querist)
04 August 2010 My client is a firm. It has not deducted any tax for the FY:2009-10 claiming expenses incurred is towards capital expense.Is my client correct?
Please clarify with the help of case law, if any.

04 August 2010 You have every obligation to comply with TDS provisions even on capital expenditure. If you are in the process of erecting the buildings and factory, you must necessarily comply with the provisions of TDS like contractual payments,professional payments,interest payments,rents of ally types etc., you must be more careful while making payments to NON Residents since all types of payments get attracted to TDS, in the light of recent amendments to Section 9 in the recent finance Act 2007.
Dis allowance of expenditure for non deduction might not pose a problem,but non compliance shall hit you very hard. BEWARE if you are complacent and non compliant you are sure to pay very dearly.

04 August 2010 Tax should be deducted at source if the nature of payment is covered within the witholding tax provisions of the Act.

It is immaterial whether the assessee is booking it as a revenue expenditure or has capitalised in his books.


You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now



Similar Resolved Queries


loading


Unanswered Queries



CCI Pro



Answer Query



Company
14 October 2026
Accountant

Rize.farm

Bengaluru

B.Com

View Details
Company
30 October 2026
Asst Manager Accounts

Goodwin Pumps India Pvt Ltd

Chengalpattu

CA Inter

View Details
Company
ARTICLESHIP 20 October 2026
CA ARTICLE

AMKN & CO

Noida

CA Inter

View Details
Company
15 October 2026
Senior Accountant

Continental Belting Pvt Ltd

Mumbai

B.Com

View Details
Company
21 October 2026
CA INTER/ BCOM WITH EXPERIENCE

CA S KUMAR GUPTA & CO

Amritsar

CA Inter

View Details
Company
ARTICLESHIP 28 October 2026
Article assistants

Shyam S Gupta and Company

New Delhi

CA Inter

View Details
Company
Featured ARTICLESHIP 31 October 2026
CA Articleship

apricus india

Navi Mumbai

CA Inter

View Details
Company
ARTICLESHIP 23 October 2026
CA Articleship / Article Assistant

M N Rao & Associates LLP

Vijayawada

CA Inter

View Details