Tds

A CONTRACTOR (FILING ITR IN INDIVIDUAL CAPACITY ) HAS DONE THE FOLLOWING IN FY 10-11 TO SHOW Rs. 10 CRORES AS EXPENDITURE.

PAID Rs. 10 CRORES TO SUB-CONTRACTORS AND DEDUCTED TDS Rs. 10 LACS

DETAILS OF PAYMENT BEING :

----  9.5 CRORES FOR CONTRACT WORK TO 5 INDIVIDUALS AND 1 FIRM

---- 0.5 CRORES FOR TRANSPORTATION TO 1 FIRM

---- ALL PAYMENT OF 10 CRORES SHOWN AS PAID ON 31ST MARCH 2011

TDS PAYMENT DATE : 28 SEP 2011

TDS CERTIFICATE ISSUE DATE (WITHOUT SIX DIGIT NUMBER OF TIN) : 29 SEP 2011

TDS RETURN FILING DATE : 14 OCT 2011

TAX AUDIT DATE 29 SEP 2011

QUERIES :

(1)  WHAT CAN BE THE CONSEQUENCES OF THE ABOVEMENTIONED TRANSACTION FROM THE POINT OF ASSESSEE  WITH RESPECT TO :

-- EXPENDITURE ALLOWABLE OR NOT

-- ALL PAYMENT SHOWN ON 31 MARCH 2011 

(2) WHAT CAN THE ASSESSEE DO NOW TO DEFEND THE ABOVE TRANSACTION POSITIVELY ?

 

THANKS IN ADVANCE FOR DISUSSING THIS INTERESTING SITUATION.

 

 

Replies (1)

During the assessment the queries to allow the expenditure by  ACIT is different thing. But, right now as TDS paid before filing the return of income, expenses are allowable. Check whether TDS paid with interest or not, other wise calculate interest on TDS till date and pay it immediately. 

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