Tds will deduct or not?

TDS 284 views 9 replies
one of my uncle is running a guest house under his proprietorship concern.They have made a payment for one contractor of RS one lakh without deduction of TDS in F.Y 2016-17. Auditor claims that the TDS should be deducted on such payment.
Their turnover for Fy 2015-16 was 90 lakhs.

whether they required to deduct TDS on such payment???
Replies (9)

Hi Ankush,

First of all your auditor such a useless person so change it first.

As per Section 194C of the income tax act, 1961 Every individual or huf who is liable to get his account audited under section 44AB is responsible for getting tan and deduct tds. (For indivial or HUF doing propreitory business the limit was one crore).

Thanks,

Abhishek

 

hi ankush ji, aapke uncle ki proprietorship firm h.
individual or huf ke case me tds katna h ya nahi yeh dekhne ke liye aapko pichle saal ka turnover dekhna hota h. aapke case me pichle saal ka turn yani ke f.y. 2016-17 ka pichla saal f.y.2015-16 usme aapke uncle ki firm ka turnover rs.90 Lac h. jiska matlab it act me tax audit ki us saal jarurat nahi thi kyonki limit 1 cr thi to aap par tds ke provisions is saal aaplicable nahi honge. yahi baat aap apne CA SAHAB KO BATAE.
NAYI QUERY KE LIYE AAPKA SWAGAT H
Thanks
CA LOKESH SHARMA
Yes. You can deduct TDS.
Follow your Auditor's advise. Otherwise don't be consider...
Thanks Abhishek and lokesh I would like to inform you that they have 2 business vertical i.e one is guest house and other is manufacturing firm. Total turnover doesn't exceeds one crore. Can he opt for section 44 ad I.e 8 percent of income.
Mr raja. When we don't liable to deduct TDS then why we should deduct it ???
ankush ji, 44AD ke liye f.y.2016-17 ki limit 2 cr kardi h aap ise opt kar sakte h. per dhyan de aap ko agle 4 years tak ise section ko opt karna hoga yadi aapka turover limit me hi h. or yadi aapne beech me ise opt out kar diya yane ke audit kara li to us saal se aap agle 5 saal 44AD opt nahi kar paaoge.
THANKS
CA LOKESH SHARMA
Dhanyavaad lokes ji...... Kya guest house and manufacturing concern ka turnover club karke section 44ad ki applicability check Karenge?? Ye dono business sec 44ad me cover Hai???
Yes Ankush ji
As per rule don't want deduct TDS. But, I don't know your Auditor's view. Bcoz, he is get your accounts position...
So, only I said you follow your Auditor's advise...


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