Tds

This query is : Resolved

Nayagam (Querist)
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08 August 2013
For the assessment year 2009-10 the client has not deducted TDS for some payments. The department sent a notice disallowing the total expenditure u/s 40ia of IT Act.
Is there a way for countering the situation?
Any views or suggestion...

CA Prashant Gupta

CA Prashant Gupta (Expert)
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08 August 2013 only way that
you need to prove that the person of whom you didn't deduct TDS paid full tax amount and filled his return according to act.
then you can't be declared guilty for not deducting TDS because revenue didn't get any loss of tax
there are some case laws for this. if you need them then send me PM. I will search and send to you

Message likes : 3 times

Nayagam

Nayagam (Querist)
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10 August 2013 Thank you Mr Prashant. If you can give the case laws to strengthen our stand it will be helpful...

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