TDS applicability

An assessee( being a dealer in shares and doctor) was subject to Tax audit U/s 44AB in the financial year 2007-08 as its turnover exceeded 10 lakhs . Now it was its first year hence the provision of TDS application was not applied in that year. Now in the subsequent year the assessee has not applied for TAN no and its turnover has exceeded 10 Lakhs and the assessee is purchasing and selling shares through demat a/c in the subsequent year then
a)In case of brokerage paid whtether the asseesee can claim expense in that year if it has not deducted TDS.
or b)whether the assessee should obtain TAN no. and then claim the brokerage paid as expense

Replies (2)

No deduction will be allowed for brokerage, where Tax is ought to be deducted but not deducted. The TAN no. has to be mandatorily applied.

Under section 194H, for any commission or brokerage paid by an individual, whose accounts are required to be audited u/s 44AB, has to deduct the tax at source @ 10%.

Hi

I give below the explanation (i) to Sectiion 194 which defines `commission or brokerage;

 

commission or brokerage includes ................................................................. buying or selling of goods or in relation to any transaction relating to any asset, valuable article or thing not being securities.

Since brokerage to share agent do not fall within the definition of commission or brokerage, TDS is not applicable on such payments.

Rgds/Dharmaraju

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
15 September 2026
Client-site CA associate

Aditya Muley and Co

Mumbai

CA

View Details
Company
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details
Company
09 September 2026
SENIOR AUDITOR & ACCOUNTS MANAGER

Anupam Parashar & Co.

Ghaziabad

CA Final

View Details
Company
09 September 2026
Semi Qualified CA / CA Inter - 2 Groups Cleared

Getmyca Consultant Pvt Ltd

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 21 September 2026
CA Article Assistant

KK & Company Chartered Accountant

Pune

CA Inter

View Details
Company
16 September 2026
Internal Audit - Team Lead

Consulting & Beyond

Chennai

CA

View Details
Company
19 September 2026
CA/Semi-CA/BCom

Pravin Sarvaiya

Mumbai

CA Inter

View Details
Company
ARTICLESHIP 01 October 2026
Articled Assistant

KPSN & Associates LLP

Chennai

CA Inter

View Details