TDS Notice after filing of Tax Audit Return

My Friend, FILING OF UR RETURN DOESNOT RELEIVE U FROM UR LIABILITY TO DEPOSIT TAX WITH THE GOVERNMENT..

Secondly, if the Gross Salary was Rs. 60,000/- only then there is NO LIABILITY TO DEDUCT TDS..

Thirdly,SINCE YOU HAVE MADE THE PAYMENT, NOW FROM WHICH AMOUNT U WILL DEDUCT THE TDS...I:e THE CLIENT HAS TO DEPOSIT IT FROM HIS OWN POCKET...

Lastly, Your query is not clear plese Clarify what u want to ask by saying that it would be termed as late TDS???

If father of your client has offered the salary on which TDS was not deducted in his return of income and paid the tax, (if any payable)  then there is no requirement of again payment of TDS. You should produce the fact during hearing.

You have not mention the other details about income and investment of his father. According to the data produce by you the income is 60000+199000 =259000 if any deduction available U/S 80C, 80CCD, 80CCC, 80G, 80GG, 80U and income comes below taxable limits then only tax is require to deduct U/S 192.

But eventhough as above if the income has offered by father and tax has paid then there is nothing to worry.

Hi Bimal, even in the case that father has paid all his taxes at the time of filing his return, 

Client has to pay interest for the period "begning with the date on which TDS has to be deposited till the time father has deposited the tax" Because in present case the payment to govt. has been deferred..

Dear Amir

If you agree that tax is not required to pay by the client than why interest?

If there is liability of paying tax by father then interest must have paid for non payment of advance tax at the time of filling return of income.

BROTHER,

U TELL ME BY NOT DEDUCTING TDS WHO WAS AT FAULT ?? CLIENT OR FATHER???

I think you want to say that if some one not deducting TDS, than the person who has earned income is not liable to pay interest on deferment of advance tax?

if father has paid tax on its income than why person who has defaulted in deduction of Tax should pay interest and on what amount? Income tax department has already received Tax and interest if any required on it than why the client should pay?

Lets go step by step:-

1) U WILL AGREE THAT IN THIS CASE CLIENT IS  AT FAULT BY NOT DEDUCTING TDS...

2) SECONDLY, WHAT IS THE PENALTY FOR NOT DEDUCTIING/DEPOSITING TDS...Interest @ 1% per month

3) SINCE DEPATMENT HAS GOT THE AMOUNT OF TAX (THROUGH FATHER), SO DEPARTMENT CANNOT ASK CLIENT FOR DEPOSIT OF TDS BECAUSE FATHER HAS DEPOSITED THE TOTAL TAX AT THE TIME OF FILING HIS RETRUN..

4) NOW THE THING WHICH REMAINED IS INTEREST @ 1%, NOW THE DEPARTMENT WILL RECOVER THIS FROM THE DEFAULTING PARTY I:E CLIENT IN PRESENT CASE..

Brother, trust me what i am telling in this regard is a real life example..