TDS QUERY BY ABHAS HALAKHANDI

CA Final 662 views 1 replies

If there is an rent agreement between two parties to pay rent on 30th day of each month and the payer is eligible for deducting tds. The payer is neither paying nor crediting the account of payee with rent income on due dates. In this situation whether the deductor is liable to deduct the tax at the time of crediting the account or paying the income hichever is earlier??

in doing so he can postpone his liability to deduct tax as he is not crediting nor paying the income on due dates and also less amount of interest will be levied on him in case of delayed payment of tds to govt. as delayed period will be calculated from 7th day from the end of the month in which income is credited/paid and not from the due dates as per agreement.

one more thing is that the payee is accruing the income in his books on due basis as per rent agreement.. 

If there is an rent agreement between two parties to pay rent on 30th day of each month and the payer is eligible for deducting tds. The payer is neither paying nor crediting the account of payee with rent income on due dates. In this situation whether the deductor is liable to deduct the tax at the time of crediting the account or paying the income whichever is earlier??

in doing so he can postpone his liability to deduct tax as he is not crediting nor paying the income on due dates and also less amount of interest will be levied on him in case of delayed payment of tds to govt. as delayed period will be calculated from 7th day from the end of the month in which income is credited/paid and not from the due dates as per agreement.

one more thing is that the payee is accruing the income in his books on due basis as per rent agreement.. 

 

Replies (1)

 As per strict interpretation of Section 194I we may infer that in the instant case tax will not have to be deducted on 30th of every month. The words used in sec. 194I are plain and clear. It has nothing to do with treatment given in Payee's books of accounts.

Since the person paying rent is not crediting or paying sum on due date, he is not recognising expenditure thereof. So deferring TDS liability consequentially means deferring the allowable expenditure.


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