Non deduction of tds ... guidence plz

TDS / TCS 791 views 2 replies

G.Satyanarayanan

Revenue Inspector

33 Points Posted on 01 March 2012

Hi,

We are suppose to deduct TDS as per sec 194LA towards compensation payable to landowners whose lands were acquired. But due to Tsunami urgency we failed to deduct TDS for A.Y 2005-06,2006-07,2007-08 and 2008-09. However after that we are deducting TDS. ITO raised demant notice. Being State Government we preferred appeal before Commisioner (Appeals) at chennai, outcome is negative for us. Now, we preferred appeal before Tribunal. Is there any provision to get wavier ?? Plz also give us precedence of such cases.

Satyanarayanane. G

Replies (2)

Anumanchipalli Sathikonda

Tax Consultant

1559 Points Posted on 07 March 2012

Mr.G.Satyanarayanan

You can approach the Central Board of Direct Taxes (CBDT) and explain the circumstances for non-deduction of tax at source which are beyong your control. (Natural Calamity due to Tsunami). You can request the Board to specify/notify the time of deduction and date of deposit of the deducted tax to the credit of central government. The Board is confered with the authority to issue such orders/instructions as per the provisions of Section 119(2) of Income-tax Act.

While making the representation to the Board please take proper care in drafting please take the advice and help of an expert Advocate or a Chartered Accountant who have specialised taxation matters.

Best Wishes

Sathikonda

Anumanchipalli Sathikonda

Tax Consultant

1559 Points Posted on 08 March 2012

Mr.G.Satyanarayanan

Previously the CBDT has issued such orders/instructions many times when there were natural calamities and public life was disturbed due to terrorist activities etc.,

Best Wishes

Sathikonda