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Issue ID: 3113
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Delay in deposit of TDS

Date 28 Jun 2011
Replies2 Replies
Views 1411 Views
Delay in TDS deposit affects expense deduction timing: deductible if remitted before return due date, otherwise when remitted.
Delay in TDS deposit determines deductibility: if TDS is remitted before the return filing due date the related expenditure is allowable in the year of expense; if remitted after that due date the expenditure is allowable only in the year of actual remittance. (AI Summary)

If TDS is deposited after due date, whether relevant expenses get disallowed, can I get clarification alongwith case laws & reference of section nos

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Replied on Jul 12, 2011
1.

Please read the provisions of section 40 (ia). Law is very clear, no need of case laws etc

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Replied on Jul 13, 2011
2.

If the TDS is remitted before the due date of the return filing the same can be claimed as expenditure in the year of expenditure. if the same is remitted after the due date of the return filing then the same will be claimable as expenditure in the year in which the TDS is remitted.

CA Pramodh Gadiya

 

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