Disallowence
SYAMA (ARTICLE ASSISTANT) (26 Points)
22 December 2015
MOXESH DOSHI
(INTERNAL AUDITOR)
(57 Points)
Replied 22 December 2015
No, There shall be no disallowance, Since the TDS has been deposited on or before due date of Filing Return under section 139(1) i.e., 28th April.
refer Section 40(a).
CA Vanamala Phani Kumar
(Proprietor of M/s Vanamala and Co)
(972 Points)
Replied 22 December 2015
Stranger
(.)
(5526 Points)
Replied 23 December 2015
As per section 40(a)(i) & 40(a)(ia), besides other conditions, one of the condition for disallowance is that tax "has been deducted in the subsequent year". It means that tax should have been deducted in the P.Y. itself (i.e., entries for TDS Payable should have been passed in the relevant P.Y itself) but may be paid in the subsequent year (with interest, if applicable) before due date of filing return of income us/-139(1) for avoiding disallowance of full expenditure u/s-40(a)(i) or upto 30% of such expenditure u/s-40(a)(ia).
Hence, ommission of 'TDS payable' entry in the P.Y. 2014-15 itself either by the assessee or by it's auditor may result into disallowance u/s-40(a)(i) or 40(a)(ia), if comes into the notice of A.O. either due to it's materiaity or otherwise.
Hope ur doubt is cleared now..
Rohit Aggarwal
(ACA Bcom (H) MBA MCom)
(470 Points)
Replied 23 December 2015
No disallowance will be welcomed as the TDS has been paid before the due date of filing of ITR.
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