Non deposit of TDS

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..... Non deposit of TDS
Query (Issue) Started By: - PARVEEN ARORA Dated:- 24-9-2013 Last Reply Date:- 2-10-2013 Income Tax
Got 1 Reply
Income Tax
If TDS deducted and not deposited. Will it pos .....

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..... sible for deductor to pay back TDS amount to landlord and landlord claim his rental income as usual and also show proof to deductor about the treatment of rental income. In that case can the deducto .....

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..... r claim rent as his expense on the basis of proof provided by landlord? Secondly if deductor file his income tax return before the land lord and treated rent as his expense (without depositing TDS to .....

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..... government but pay back amount deducted as TDS to landlord) and landlord assure him orally or in writing that he will treat rent as his income as usual, what will be the treatment of this rent expens .....

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..... e? Reply By CA. Surender Gupta: The Reply: As per my view, the amount of expenses towards rent shall continue to be eligible as deduction without invoking the provisions of Section 40(a)(ia) or Sect .....

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..... ion 201 of the Income Tax Act, However, the peculiarity in the facts of your case is that you have deducted the tax but failed to deposit. Though in my view, since you are refunding the amount to th .....

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..... e landlord, the position would remain same as above, but, AO may have something to say for his satisfaction if these facts are on record.
Discussion Forum - Knowledge Sharing .....

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