banner_ad

Query in section 40(a)(ia)

This query is : Resolved 
Profile Image

Profile Image

(Querist)
29 November 2007 If tax is deducted at source where it is not required to be deducted as per the provisions of Chapter XVII-B, but subsequently the tax is not deposited to the credit of Govt, whether the expense should be disallowed u/s 40(a)(ia).
Profile Image

Ankur Agarwal

Profile Image

Ankur Agarwal (Expert)
29 November 2007 The expense would be disallowed as the disallowance u/s 40(a)(ia)is on both the situations where tax is deducted but not paid(whether or not it is required to be deducted)and tax is not deducted.Also the tax deducted is a liability towards department as per the specified dates.
Profile Image

CA. O.P. Agarwalla

Profile Image

CA. O.P. Agarwalla (Expert)
30 November 2007 It seems that Mr. Ankur has failed to understand the question. The main point is that the assessee was not required to deduct any TDS. Hence, as per the language of section 40 (a) (ia), the section is applicable where tax is deductible under chapter XVII-B.

I am of the opinion that, expenses will not be disallowed u/s. 40(a)(ia).
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now


CCI Pro
Join CAclubindia WhatsApp Finance Community & stay updated with the latest TAX news, compliance alerts and important updates all in one place!


Similar Resolved Queries


loading


Unanswered Queries


banner

Trending Online Classes

view all classess

CCI Pro
Meet our CAclubindia PRO Members
Subscribe Now

Follow us
add to google news



Answer Query



Quick Links



Browse by Category




Latest Job Openings

View all
Company
Featured 27 May 2026
Lead Conversion Executive / Sales Closing Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details
Company
22 May 2026
Sr. Financial Analyst - Consolidation

Search Synergy

Mumbai

CA

View Details
Company
22 May 2026
Audit assistant

Displayandbeyond

Mumbai

CA

View Details
Company
04 June 2026
Semi Qualified CA

Goyal Puneet & Associates

New Delhi

CA Final

View Details
Company
23 May 2026
Article Assistant

Geeta Manchanda & CO.

New Delhi

CA Inter

View Details
Company
01 June 2026
Audit, Taxation & Compliance Executive

R P S K & Associates

Nashik

CA Inter

View Details
Company
10 May 2026
Finance specialist

Right way solution

Ajmer

CA

View Details
Company
Featured 26 May 2026
Account Executive

SMJ global advisors pvt ltd

New Delhi

B.Com

View Details