Commission to directors and tds - which f.y. ?

Commission to directors for ,say, F.Y. 2010-11 is decided on 30.9.2011 at the time of finalization and entry dtd. 31.3.2011 is passed for Commission without showing TDS and deduction for commission is claimed in that year i.e. A.Y. 2011-12.

The entry of TDS deduction is passed on 30th September 2011 of that date, and TDS amount is paid before 7th Oct. 2011. The Commission also is actually paid to the directors on 30.9.2011. Thus, there is no question, as such, of "late payment interest" as for Salary, TDS is on payment basis.

Now, while paying the TDS, which A.Y. should be selected in the challan? Also, the TDS should reflect in which e-TDS return - Q4 of F.Y. 2010-11 or Q2 of F.Y. 2011-12?

 

Replies (3)

Hi Kunal,

TDS on Commission is attracted at the time of payment or at the time of credit whichever is earlier.

So, when you have credited on 31.03.2011, TDS should have been deducted on that day itself.

 

I think the entry of deduction should have been passed on 31.03.2011 itself and paid by 07.04.2011.

The Commission doesnt come under the gambut of Salary u/s 192. It doesnt attract TDS at the time of payment.

Hence, "Late Payment Interest @ 1%" wpuld be payable by you.

Hope you find this helpful.

Regards

Prateek

Hello Prateek,

The commission being "commission to directors", it is covered under section 192 B i.e. salary, and this issue was clarified.....Now the issue is only regarding the F.Y.s.....please see if you can help me on the same

Your point is accepted.

Then its Q4 of FY 2010-11

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