TDS on Salary

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Gautam Patel (Querist)
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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

S.Srinivasaraghavan

S.Srinivasaraghavan (Expert)
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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.

Ravikumar.G

Ravikumar.G (Expert)
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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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