assessment procedure

one of our client had not deducted TDS in the year 2007 and now during assessment the company is being asked to pay the TDS amount. can we claim that tds paid by them in the current year (if so we will have to refund the tds paid).Please advise whether we should pay the refund amount or not?

Replies (6)

if TDS on an eligible payment is not deducted, the payment is allowed only in the year, when the respective TDS is paid into the credit of Government authorities. Hence, deduction of TDS is the responsibility of the deductor only.

 

In the given case, in my opinion, the assessee can't be forced to deposit the TDS amount, since he must have paid his liability while filing the income tax return. However, still paying the TDS and then claiming the refund afterwards would attract only the tedious refund procedure..

 yes ....u hv to file revised returns...

or u hv to make an application u/s 154 rectifying the intimation u/s 143(1) or assessment order u/s 143/144/147/153 or revision order u/s 263/264

 plz make sure party under scrutiny pays the tds and issues tds certificate/or has made a return of the pmt of tds...

deduction of tax at source and the payment of same to the credit of the Govt. is the obligation of the deductor. the assessee can not be demanded the amont which would have been deducted at source. the assesse can claim the tds in the year in which the income is earned. but if for any reason the tds is not deposited by the deductor then the assessee can claim the tds in the year of its deposit in the Govt. account. if for that reason refund arises then the assessee should file return claiming the refund.

if T.D.S is not deductedd it is disallowed in the previous year in which it is not deducted the same is allowed as deduction wen same is paid hence u shud deduct the same for claiming d deduction

we have paid advertisement charges of Rs.8000. i want to know whether TDS will deducted on 30000 or on 80000

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