tds

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MY question is on sec 40 of the act i.e. amount not deductible in case of fault of  T.D.S . Now as per the sec 40(ia) of the act

" any interest, commission or brokerage, fees for professional services or fees for technical services payable to a resident or amount  payable to a contractor or sub-contractor being resident, for carrying out any work on which tax is deductible at source under chapter xvii-B.......

NOW MY QUERY IS: Whether the section 40(a)(ia ) is applicable in respect of expenses actually "paid" during the year without T.D.S& the section refers only those payment which are payable not about the amount already paid without T.D.S during the year?

Replies (3)

Read the section clearly.

Deduction will be allowed only after deposit of tds w.r.t. related expenditure

under the income tax act it is specifically provied that if expenses is subject to tds and if tds is not deducted then such expenses can not be allowed as expenditure.whether it is paid in advance or after making provision for that. the word "payable" should be interpreted in such fashion that you have created the liabilty for expense and making payment for that so you are liable for expense and making payment whether in advance or later it doesn't make any difference.


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