TDS.


This query is : Resolved 

(Querist)
13 May 2011 Dear Friends,

1) Whether is it possible to pay TDS in advance without any standing liability of TDS Payment and set-off the same on liability of TDS payment incur later on.

2) can we set off the excess payment of TDS before for later liability TDS.
a) Under same section
b) Under different section

13 May 2011 Dear Manoj

TDS NEEDS TO BE DEDUCTED EITHER AT THE TIME OF CREDIT OR PAYMENT WHICHEVER IS EARLIER. SINCE IN UR CASE THERE IS NO CREDIT OR PAYMENTS WHERE IS THE QUESTION OF DEDUCTION, FORGET ABOUT PAYMENTS. BECOZ TDS NEEDS TO BE DEDUCTED FIRST AND THAN MAKE THE PAYMENT WITHIN THE PRESCRIBED TIME LIMITS.



Nayan Das (Expert)
13 May 2011 1. You can't set off the excess payment of TDS before for later liability TDS.



MANOJ (Querist)
14 May 2011 Dear Huzaifa,

As TDS liability is subject to deduction, But if sameone want to pay TDS as advance in any out of releted section and later on set-off liability of his payment in same section in which he has paid TDS in advance.

for e.g Under plannig In march Mr "X" want to pay TDS under section 194J of Rs 1,00,000 in month of April as advance against the estimated liability for first quarter 10,00,000 of Professional fees.

at the end of Quarter actual liability of TDS under 194J was only 90000 so now the 10,000 is excess payment of TDS.

Is it possible to follow the procedure mentioned in e.g.

And 1 more thing if in instant case suppose Mr 'X' find Expenses of which TDS is not deducted under section 194J for first quarter in the month of aug. of RS 6000 (TDS).

can Mr 'X' set off 6000 TDS liability without Interest against the Excess payment in the month of april as amount is already paid in month of april and the liability of 6000 is below 10000 (Advance payment of TDS Remaining after set off 90000 out of 100000 under 194J)




MANOJ (Querist)
14 May 2011 Thanks Mr DAS


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