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Non applicability of penalty and prosecution of tds

TDS 312 views 4 replies

As per the provisions of Section 40(a)(ia) of the Income Tax Act 1961, 30% of the expense is disallowed in case where Tax at Source is not deducted; Tax is paid on the disallowed expense by the deductor and deductee also pays Tax on full amount.

Since there is no loss to the revenue in above said case the provisions of Sections 271C (Penalty) and 276B (Prosecution) should not be applicable?

Replies (4)
yes as the tax is paid by the deductee the deduction will not be treated as defaulter under first proviso to section 201(1B)
yes as the tax is paid by the deductee the deduction will not be treated as defaulter under first proviso to section 201(1B)
yes as the tax is paid by the deductee the deductior will not be treated as defaulter under first proviso to section 201(1B)
yes as the tax is paid by the deductee the deductior will not be treated as defaulter under first proviso to section 201(1B)


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