Question And Answer
Subject: PROSECUTION ON TDS
Category: 
Querist: Prakash
Answered by:
Tags: ,
Date: September 9, 2023
Query asked by Prakash

Assessee is private limited co and has taken the loan from NBFC co. In the year 2021-22, how ever due to financial crises could not make repayment as scheduled . Interest is provided in books and TDS is also made , however TDS has not paid.

In the year Assesssee co did OTS with co by paying lumpsump payment where as per OTS entire interest was waived .

ASSESSEE CO REceived SHOWCAUSE NOTICE FOR PROSECUTION FOR NON PAYMENT OF TDS from FY 21-22..

Pl guide.

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According to section 278AA of the Act, Prosecution is not to be initiated where there is a reasonable cause for failure in depositing TDS. The assessee will have to demonstrate a reasonable cause.



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