Tds deduction

TDS / TCS 487 views 1 replies

Dear Experts,

I have two questions with regards to a single transaction. A contract was signed for 1 lac.

A token 50% advance was paid in the last tax year (January 2011). No TDS was deducted as no Invoice was raised for the advance. The transaction was through a cheque and no VAT or service tax was deducted either.

The remaining 100% was paid in the current tax year (April 2011). Again No TDS was deducted for the full Invoice raised but tax for the entire 100% was paid as it was included in the Invoice.

We have informed of the mistake and the party has agreed to refund the TDS. The question is should we have deducted 2 TDS (seperately for each of the payment made even though only one Invoice was raised?)

The second question is, if the party refuses to refund any TDS that ought to have been deducted in the last tax year (as it was our mistake) what remedy should we now take to ensure that we are not penalised by the IT department.

Help please ..

Replies (1)

 

Ans :  1 ,

You may pay the tds separate payment along with appropriate interest  , because the financial year varied , and you have to mention the 1st invoice tds relating to asst year  2011-12 , then only it will be eligible to deduct as your expenses ,

As well , you may pay balance amount of tds as current year deduction , make accounting entries accordingly .

Ans : 2 ,

does not matter if your vendor whether refund or not , you only has the ultimate liability otherwise it would be disallowed .

 

 

 


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