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tds is not wrongly deducted

This query is : Resolved 
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(Querist)
27 January 2009 if an assessee wrongly not deducted tds from payment for contract from april-08 to jan-09. can he deducted full amount tds in
from feb09 payment? can he file the tds return for last three qtr? what will we the consequenses?
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CA.Tarun Maheshwari

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CA.Tarun Maheshwari (Expert)
27 January 2009 He can deduct TDS for all the periods in Feb 09. TDS return should be filed for all quarters as the payment was made due at the correct time. If the reason for non payment is genuine, then the penalty may be waived off by deptt.
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CA.Tarun Maheshwari

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CA.Tarun Maheshwari (Expert)
27 January 2009 But now you should pay the tds amount with interest immediately.
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