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TAN not obtained

TDS / TCS 322 views 4 replies
Can the assessing officer disallow expenses which were subject to tds, but tds has not been deducted as tan was not obtained.

Or can he just levy a penalty of rs 10000 for not obtaining tan and not disallow the expense?
Replies (4)

He will disallow expenses. He will also levy penalty and interest for non deduction of TDS.

He will also levy penalty for non registration. 

Thanks for your revert. Can you tell me whether the following provision applies for AY 2014-15 or not?

 

According to Section 201(1)

Provided that any person, including the principal officer of a company, who fails to deduct the whole or any part of the tax in accordance with the provisions of this Chapter on the sum paid to a resident or on the sum credited to the account of a resident shall not be deemed to be an assessee in default in respect of such tax if such resident—

(i) has furnished his return of income under section 139;

(ii) has taken into account such sum for computing income in such return of income; and

(iii) has paid the tax due on the income declared by him in such return of income,

and the person furnishes a certificate to this effect from an accountant in such form as may be prescribed68:]

Originally posted by : Pakshal Shah

Thanks for your revert. Can you tell me whether the following provision applies for AY 2014-15 or not?

 

According to Section 201(1)

Provided that any person, including the principal officer of a company, who fails to deduct the whole or any part of the tax in accordance with the provisions of this Chapter on the sum paid to a resident or on the sum credited to the account of a resident shall not be deemed to be an assessee in default in respect of such tax if such resident—

(i) has furnished his return of income under section 139;

(ii) has taken into account such sum for computing income in such return of income; and

(iii) has paid the tax due on the income declared by him in such return of income,

and the person furnishes a certificate to this effect from an accountant in such form as may be prescribed68:]

Yes this Proviso was added by Finance Act 2012. so it is applicable from AY 2013-14. 

as per Finance Act 2015 if you liable to deduct TDS and you have not deduct TDS then 30% of amount on which you require to deduct TDS will be disallowed, the amount 30% will be allowed in those year in which you have actually deduct or deposit TDS. 


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