Penalty u/s 271c & sec 40(a) disallowance
This query is : Resolved
23 April 2013
There has been an expense where TDS was deductible by the assessee u/s 194A, but was not deducted and such expenses was disallowed for non deduction of TDS u/s 40(a) of the Income Tax Act while computing his taxable income.
My Query is whether Penalty can be levied u/s 271C for non deduction of TDS on such expenses where they have been disallowed u/s 40(a)?
My Query is whether Penalty can be levied u/s 271C for non deduction of TDS on such expenses where they have been disallowed u/s 40(a)?
23 April 2013
Yes SEc.271C is independant and it can be invoked.
However you can prove that there was reasonable cause to belive that no deduction of taxes were required and hence you can request for waiver of penatly
However you can prove that there was reasonable cause to belive that no deduction of taxes were required and hence you can request for waiver of penatly
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- TDS 194-T applicability
- Tds on commission charges
- TDS on Complimentary "Desi Ghee and Gold Coin" Provided to KBC Contestants
- Applicability of GST on Salary Reimbursement Component
- New GST registration for new place of business.
- Consolidated financials
- Need Professional Opinion AY 2012-13 Old Demand
- Withdrawal in cash from partners capital account by partner
- Regarding Applicability of Tax Audit u/s 44AB
- FAST-DS Scheme - Foreign Assets
- Salary from Qatar in Dollars in India
- CHECK RELATED
- FAST DS 26 Undisclosed Foreign Asset Disclosure Scheme 2026
- Starting trading business
- Regime change
- Goods sold but invoice not issued
- Tally: Imported bank entries do not show up in manual reconciliation
- Sales of goods of amount Rs97 lakhs to a party
- Confused About My Career After 12th — Cyber Security, AI or Finance? Need Guidance
- FAST-DS 2026 Under Tax Law - No recourse or support for person declaring via this scheme?
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
Quick Links
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared
Getmyca Consultant Pvt Ltd
New Delhi
CA Inter
View Details
22 September 2026
Account Assistant
Chirag P Shah & Co. Chartered Accountant
Pune
B.Com
View Details
09 September 2026
SENIOR AUDITOR & ACCOUNTS MANAGER
Anupam Parashar & Co.
Ghaziabad
CA Final
View Details
ARTICLESHIP
21 September 2026
CA Article Assistant
KK & Company Chartered Accountant
Pune
CA Inter
View Details
ARTICLESHIP
07 September 2026
Article/ Paid Assistant
Murali and Sumeet Chartered Accountant
Bengaluru
CA Foundation
View Details
CCI
Pro
CAclubindia
