Tds on salaries paid to resident in india

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Querist : Anonymous

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Querist : Anonymous (Querist)
06 August 2014 If an employer does not deduct TDS on salary paid to Resident in India, then will the expense of salary will be allowed or not while computing business income?

As sec 40a(iii) deals abount payment outside india or to a non resident in india? so what would be relevent section for disallowing such expense for resident(In india)?

Thanks in advance.

06 August 2014 if tds is applicable but not deducted thne will be disallowed

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Querist : Anonymous

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Querist : Anonymous (Querist)
06 August 2014 Dear sir,
That is what I am asking under which section it will be disallowed and will it be allowed in the year in which it is deducted(say in next year) or not?

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Querist : Anonymous

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Querist : Anonymous (Querist)
06 August 2014 Sir reply soon.

06 August 2014 no. it wont be disallowed.

The relevant section is 40(a)(ia) which deals with disallowance of expenses where payment is made to residents but TDS is not deducted. And under this section salary is not covered.


07 August 2014 there are salaried resident and salary is exp for co and tds needs to be deducted then y not.


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