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RAKESH (Almost CA) (2199 Points)

26 February 2011

Hello Everyone

One of my client has deposited TDS on 10th dece 2010 and then only we have filed the return. Before that we didnt knew that the disallowance has to be made because client came to us onlyl in december month. Now i have put a date of December in the audit report. say 13th december. is there any penalty for not filing within due date say like section 271F or such other section related to it. The date 13th december 2010 has been written in the audit report because we have made a disclosure of late remittance of TDS that is the reason.

SO please reply whether the date is correct or i need to change the date to some september month.

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2 Replies

U S Sharma (glidor@gmail.com) (21056 Points)
Replied 26 February 2011

Originally posted by : RAKESH
	Hello Everyone One of my client has deposited TDS on 10th dece 2010 ( for period of ............???) and then only we have filed the return. Before that we didnt knew that the disallowance has to be made because client came to us onlyl in december month. Now i have put a date of December in the audit report( sec 44ab or ?????????). say 13th december. is there any penalty for not filing within due date say like section 271F or such other section related to it. The date 13th december 2010 has been written in the audit report because we have made a disclosure of late remittance of TDS that is the reason. SO please reply whether the date is correct or i need to change the date to some september month.

if the payment is related to preceeding year then double faults are there,

1) disallowance of expenditure

2) failure to compliance of audit and return within date.

Athmaram (Articled Assistant) (170 Points)
Replied 27 February 2011

I would suggest that if the TDS is relating to the previous year then as it is not paid within the priscribed date the expenditure relating to TDS will be disallowed as per Sec 40(a)(ia).

To avoid any further compliance u mention the date of audit report some where around september.

As the TDS (expenditure disallowed) relating to the eairlier year is paid in the succeeding year the expenditure disallowed in the eairlier year can be allowed in the year of remittance. Hence disallow the expnediture this year & again allow it in the next year.

Thanking You

Regards

Ram.