Chartered Accountant
472 Points
Joined August 2007
Dear Savitha Madhavan,
I hereby suggests you the THREE Options
OPTION: 1
There is a Exception from Deduction of Tax u/s. 194 C if the Assessee is not covered by the Tax Audit in the PRECEEDING PREVIOUS YEAR.
That is if he is not covered by the Tax Audit in the Assessment Year: 2009-10 he neednot to deduct TDS u/s. 194 C in the Previous Year: 2010-11
Just take this advantage if it applies to the Assessee.
OPTION: 2
There was a recent case law which states that disallowance u/s. 40a(ia) is applicable if the Amount is not Paid. That is as on 31st March the Payment to the Contractor should be Paid not Payable (Creditors) in your Books.
In Simple it applies to Amount Payable not to the Amount Paid.
The Fact revealed by
The Jaipur Tribunal in case of Jaipur Vidyut Vitran Nigam Limited vs DCIT (2009 ) 123 TTJ 888
on the grounds of following provision of the section
(ia) any interest, commission or brokerage, rent, royalty, fees for professional services or fees for technical services payable to a resident, or amounts payable to a contractor or sub-contractor, being resident, for carrying out any work (including supply of labour for carrying out any work), on which tax is deductible at source under Chapter XVII-B and such tax has. not been deducted or, after deduction, has not been paid,-
OPTION: 3
Otherwise make the Remittance with Interest before Filing the Return.
Hope u understand and take the stand whichever is beneficial to your Assessee