Where an assessee being an Indian company has not deducted TDS on salary which is paid to its employees being resident indians, then whether such salary shall be allowed as business expenses?
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Query regarding TDS on salary
Replies (5)
It will be allowed.
The disallowance provision is not applicable in case of TDS under section 192B.
yes, I agree with the above solution.
for further clarification pls find the relevant extraxt of the Act,
Section 40(a)[(iii) any payment which is chargeable under the head Salaries, if it is payable
(A) outside India; or
(B) to a non-resident,
and if the tax has not been paid thereon nor deducted therefrom under Chapter XVII-B;]
I agree with the above solutions given in this issue, as Sec 40(a) doe not cover salaries. Hence Salaries shall be allowed even if TDS is not deducted.
salary will be allowed as business expenditure. because it is outside the purview of section 40(a)
Yes, salary will still be an allowed expenditure.
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