Salary Disallowance for a firm

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

05 July 2010 Dear experts,
Kndly help me in this query.
1 )If TDS is not deducted on salaries of employees of a firm & company for a financial year, Will the same be disallowed for the firm while calculating the income of the firm?

2) U/s 194H, TDS on commission, wont commission form part of salary?Eg. Sales commission?

Kindly clarify...Im confused.For Query (1), different ppl are giving different answers..

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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05 July 2010 Salary payment not covered under sec.40(a)(ia), so no disallowance in case of non deduction of tds on salary payment

What ever payment giving to the employees including sales commission added to salary need to deduct sec.192 only, not 194H

Querist : Anonymous

Querist : Anonymous (Querist)

05 July 2010 So, when 194H has to be deducted?

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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05 July 2010 Commission paid to persons other than employees that time sec.194H applicable

Querist : Anonymous

Querist : Anonymous (Querist)

06 July 2010 So, for each person, if Commission exceeds Rs.2500 for AY 2010-11, TDS has to be deducted right?

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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06 July 2010 yes.Rs.2500 up to the period 30th June-2010 and 1st July 2010 onwards Rs.5000

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