Tds vs self assessment tax

TDS 1461 views 4 replies

If deductor is liable to deduct and pay TDS but the same amount of tax has been paid by deductee as Self Assessment Tax/ Advance tax then in this case, is there any provision for the deductor for not deducting TDS??

Eg : Mr. A received an income form B and now B is liable to deduct TDS but A has already paid the same amount as self assessment tax. Now A is claiming for Full amount without deducting TDS claiming that A has already paid the said amount.

 

Replies (4)

self assessment tax is payment to govt or income tax  as a advance tax which will deducted against income which uearned during the last financial yr from which actual tax should be arrived.

from actual tax arrived  advance tax is adjusted towards actual tax arrived.

but  tds is type of deduction made to the  contractor, subcontractor, professional fees, commission, brokerage units of mutual funds,sale of scape timber sales rent of movable & inmovable property. while making payment to them.

Only if the nature of payment is salary , then Mr A can claim full amount from B without deducting tds. Provided that such tds is not deposited with the government and there is no balance tax payable arising after computing the tax on the total income of the employee( giving adjustments of advance tax , sa tax.). In any other type of payment e.g professional fees , rent etc. , payment of SA tax by Mr.A cannot be held as defence for non deduction of TDS. Mr.B has to deduct TDS at the prescribed rate and report the same by filing TDS return. If Mr.B fails to deduct TDS then such expense shall be disallowed completely in the calculation of total income while filing income tax return.
Except for salary case your case is not acceptable. As service receiving party will not be able to claim expense. Allow deduction of tds and claim refund while filing return

Sir,

Please mention the section where it is written that employer need not deduct TDS if the employee has paid self assessment tax.


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