TDS application

A Individual assessee of 44AD earlier but in 31.03.18 Tax Audit (1st year).
Whether he is required to deduct TDS if applicable.
Replies (1)

First year of Tax Audit for existing business:

An individual is exempted from deducting TDS under section 194A/C/H/I/J, if tax audit was not applicable during the F.Y. immediately preceding the F.Y. in which income is paid/credited.

First year of Tax Audit for new business:

Tax audit was not applicable during the F.Y. immediately preceding the F.Y. in which income is paid/credited, as the business was not in existence. Hence, liability to deduct TDS in case of aforesaid sections does not arise even if the turnover crosses the threshold specified u/s 44AB during the first year of business.

Reference:

  • Proviso to Sec. 194A(1)
  • Explanation(i)(l)(B) to Sec. 194C(7)
  • Second Proviso to Sec. 194H
  • Second Proviso to Sec. 194I
  • Second Proviso to Sec. 194J(1)

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