| COURT: | Kerala High Court |
| CORAM: | Antony Dominic J, Shaji P. Chaly J |
| SECTION(S): | 194-J, 194C, 40(a)(ia) |
| GENRE: | Domestic Tax |
| CATCH WORDS: | TDS deduction, TDS disallowance |
| COUNSEL: | P. B. Balakrishnan |
| DATE: | July 20, 2015 (Date of pronouncement) |
| DATE: | August 6, 2015 (Date of publication) |
| AY: | 2005-06, 2006-07 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 40(a)(ia)/ 194C/ 194J: Deduction u/s 194C instead of u/s 194J renders the shortfall liable for disallowance u/s 40(a)(ia) | |
The expression “tax deductible at source under Chapter XVII-B” occurring in Section 40(a)(ia) has to be understood as tax deductible at source under the appropriate provision of Chapter XVII-B. Therefore, as in this case, if tax is deductible under Section 194J but is deducted under Section 194C, such a deduction would not satisfy the requirements of Section 40(a)(ia). The latter part of this Section that such tax has not been deducted, again refers to the tax deducted under the appropriate provision of Chapter XVII-B. Thus, a cumulative reading of this provision, therefore, shows that deduction under a wrong provision of law will not save an assessee from Section 40(a)(ia)
Recent Comments