Tds and advance tax query

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CONSIDER THE FOLL CASE:

A COMPANY PAID Rs 3 LACS TO ITS DIRECTOR AS REMUNERATION WITHOUT DEDUCTING TDS.

HOWEVER THE DIRECTOR HAD INFORMED THE COMPANY  ABOUT HIS ADVANCE TAX CHALLANS OF Rs 15000/- EACH OF SEP, DEC AND MARCH. 

THE AO WANTS TO DISALLOW THE EXPENSES OF 3LACS  U/S 40(A)(IA)??

WHETHER HE CAN DO SO??

ALSO IS THERE ANY REMEBDY POSSIBLE IN THIS CASE.

 

ALSO QUOTE ANY CASE LAW IF APPLICABLE.

Replies (2)

is it a monthly remuneration or annual?

sec. 40a(ia) does not cover TDS liabilty u/s 192. so the AO cannot disallow the remuneration paid to the director even though the company had not deducted TDS for the remuneration.

 


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