Disallow u/s 40(a)(ia) on account of non-compliance with the provisions of Chapter XVII-B

The assesse is a partnership firm engaged in the business of Construction work. For A.Y.19-20 they received demand for disallow u/s 40(a)(ia) on account of non-compliance with the provisions of Chapter XVII-B. They incurred labour cost worth Rs.51,00,000/- debited to profit and loss account on which TDS of Rs.51,000/- deducted on 31/03/2019 and paid in the month of October 2019 and filed form 26Q on 25/10/2019. The department has nade addition of Rs.15,30,000/- and raised demand for the same. The ITR5 was filed after payment 28/10/2019 and extended due date was 31/10/2019. Please advise.

Replies (3)
Quick Summary
A partnership firm faces a demand for disallowance under Section 40(a)(ia) for non-compliance with Chapter XVII-B regarding TDS on labour costs. Despite deducting TDS on 31/03/2019, it was paid in October 2019, after the financial year-end. The department added Rs. 15,30,000/- to the income. Advice is sought on this matter, with suggestions pointing towards checking tax audit and ITR filing for clerical errors or discrepancies.

Depends on the Labour cost of 51 lacs, I'm assuming their T.O to be more than 1 crore and liable for tax audit. Plse check whether the corresponding details are correctly filled in both Tax audit and ITR. Seems to be a clerical error.
Justin

pls forward your demand to sabyasachimukherjee7098 @ gmail.com.
In case tax audit is applicable to the firm, there might be difference between ITR and tax audit report and the demand raise. so please contact your tax auditor for suggestion.

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