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TDS on Salary

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(Querist)
04 October 2008 Where TDS is not deducted on salary payable to an resident indian then whether salary shall be allowed as an expense to the employer? State the relevant section
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S.Srinivasaraghavan

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S.Srinivasaraghavan (Expert)
04 October 2008 Yes. Please go through the section that states about disallowance due to non-duduction of TDS. Section 192 is not listed there.
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Ravikumar.G

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Ravikumar.G (Expert)
04 October 2008 Sec 40(a)(ia) does not provide that salary will be disallowed for non deduction of TDS. But,failure to deduct the whole or any part of tax at source : Penalty u/s 271C will attract i.e sum equal to the amount of tax which he failed to deduct.
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