Salary paid without deducting TDS allowed as deduction??

This query is : Resolved

Sandeep Gupta (Querist)
Follow

02 May 2008 Assesse paid salry of Rs. 3,00,000 to an employee.Employee status is resident in India and salary paid by employer through cheque in India without deducting TDS U/s 192.
Deduction is allowed to assesse for calculating his businee income for salry paid w/o deducting TDS u/s 192. If yes ,refer section and case law in this matter.

Jitender

Jitender (Expert)
Follow

02 May 2008 it is allowable as sec 40(a)(ia) does not cover sec 192

CA. Kirti S. Ganatra

CA. Kirti S. Ganatra (Expert)
Follow

02 May 2008 expense though allowed, but penalty will be payable

Sandeep Gupta

Sandeep Gupta (Querist)
Follow

02 May 2008 what are the conquences for non deduction of TDS u/s 192 for salary paid to resident in india.Pls refer section etc. for penalties and prosecution in relation to this matter.Pls reply me.

R.V.RAO

R.V.RAO (Expert)
Follow

02 May 2008 AS STATED BY SRI JITENDER ,SEC 192 DOES NOT ATTARCT DISALLOWANCE UNDER SEC 40(a)(ia)which states payments made without tds totally disallowed.
but non deduction and non deposit of tds ARE offences attracting fine and penal interest.
R.V.RAO

Message likes : 1 times

Sandeep Gupta

Sandeep Gupta (Querist)
Follow

03 May 2008 Sir but reference for payment under the head salaries not given u/s 40(a)(ia) rather u/s 40(a)(iiia).