Finance Manager
312 Points
Joined October 2009
Lets understand disallowance first as such is targeted only against expenditure claimed as expense in IT returns, thus if there is no such claim, gladly no disallowance. Allowability of Depreciation is entirely a different concept as even if we do not claim depreciation on fixed asset, then the assessing officer is bound to assess your income only after considering the same. So non-deduction of TDS does in no way affect the allowability of depreciation.
When there is a specific provision in the act to deduct TDS on the same non-deduction can cause yourself being considered as an 'assessee in default' and becoming liable for penalty and other legal proceedings.
Lets consider disallowance in an instance : You pay Rs. 100,000 to a contractor for repairing or may be refurnishing your business premises and you do not claim the same under ' Repairs ' or any other head in IT returns, no disallowance arises even if you havent deducted tax, as you havent claimed the expense against your revenue. But the department can levy penalty and initiate legal provisions for non complying with section 194C of the Act.