Deduction of TDS on Advance Payment

TDS 345 views 8 replies

Let me ask with an Case Situation

I am working as a Sub Contractor having Propreitorship Firm working as a Sub Contractor with One of LLP Company.

 

LLP Company has given me a payment of Rs. 5,00,000.00 in March 2021 and also debited a TDS against that payment from my total payment against a work for which i have not raised a bill in March 2021.

Here as i have not raised a Invoice to that company it can be considered as a  Advance Payment for me.

Now, i have again received a Payment of Rs. 3,00,000.00 in April 2021 for which also TDS was deducted by company for another work with same LLP Company.

 

Now i have to raise a Bill for March 2021 and April 2021 Payment to that LLP Company, in April 2021.

 

Since Financial Year here Closes in March 2021. 

 

HOW SHPULD I RAISE BILL IN APRIL 2021, FOR BOTH PAYMENTS, SHOULD I MERGE BOTH PAYMENTS INVOICES TO 1 SINGLE INVOICE OF RS. 8,00,000.00 OR INDIVIDUAL INVOICES FOR BOTH PAYMENT IN MONTH OF APRIL 2021.

SINCE I HAVE RAISED BILL IN APRIL 2021 FOR MARCH PAYMENT OF RS. 5,00,000.00 , CAN I BE ABLE TO CLAIM TDS REBATE ON ADVANCE PAYMENT IN NSDL OR NOT RECEIVED IN MARCH 2021.

KINDLY HELP US TO CLEAR THIS CONFUSION.

Replies (8)

1) If such transaction pertains to FY 20-21, then you are required to generate invoice in FY20-21.

2) If you intend to generate invoice during April 2021, then you may raise either a single or separate invoice(s) in respect of both.

3) In case you choose to opt for (2), then TDS credit can be utilized only during the FY21-22 (i.e. during the year in which the invoice is raised).

Thanking You Poornima,

I have Opt (2) in your response above, 

Now my Query is, Since TDS Debited in March 2021 & Deposited by LLP in March 2021

How to show it as an Advance Payment against work for which bill was raised in New Financial Year..

Can you be Plz provide any circular or reference letter any document against it , as my tax consultant is not accepting this, and asking me how can i show 1 payment in 2 different financial Years.

 

He is all confused about it.

It was possible to Claim the TDS deposited by any firm in last financial year in current Financial Year.

Will it be solution to this.

1) Advance received will be shown as Advance from Debtors under Current Liability in the balance sheet.

2) Yes, TDS credit can be carried forward to the subsequent year (fill up the ITR accordingly)

I don't understand what do you mean by showing 1 payment in 2 different financial years. Here you have received 2 different payments (in different FYs) and raised a single/separate invoice(s).

Payment received in March will be Recorded in March 2021, will be shown as Income in FY20-21, with TDS rebate in Same Financial Year,

While invoice will be made in April 2021 i.e. in Next Financial Year

 

as per Accrued Income Concept.

 

It will be correct way right of dealing in this case.

If invoice is generated in April 21, then how can the transaction be an income for the previous year? There is no concept of provision of income. Only provision of expense is an allowable deduction.

As expense can be shown in advance in last FY, then Credit can also be shown in last FY with as Advance against work.

If you have received advance in FY20-21 and the supply (of goods/service) is made during FY21-22, then revenue can be recognized only after supply.


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