Discussion related to the credit of the TDS

Discussion related to the credit of the TDS

1.When Assessee is not getting full credit of the TDS receivable appearing in the Books of Accounts, Whether deduction can be claimed by the Assessee on writing off the TDS Receivable A/C and charing the same to P&L A/C ?.

Answer:

1. Nowadays neither CPC, Bangalore Nor Ao is allowing TDS credit unless and until the TDS amount is not reflected in FORM 26AS.

2.Where Assessee after due efforts is not getting the total credit of the TDS amount equals to the TDS amount reflected in ‘ TDS RECEIVABLE A/C’, and AO or CPC are allowing SHORT TDS credit, because of that ‘ TDS RECEIVABLE A/C ‘ showing Debit Balance.

3.In such cases where Assessee is not getting the Full Tds credit and there occurs some short Tds credit, Assessee has the option to ” Write-off ” the unadjusted balance amount in ” TDS RECEIVABLE A/C” and debit the same to P&L A/C as ” BAD DEBT” u/s 36(1)(vii) r w s 36(2).

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This view is upheld by Courts in favour of the Assessee in the following Case laws:

  • CIT vs. Shreyans Industries Ltd (P&H HC).
  • DCIT vs. AGC Network Ltd ( Mum. Trib).
  • ACIT VS. Kelly Services India Pvt Ltd ( Del.Trib).

4.Once the ‘ TDS RECEIVABLE ‘ amount is written off in books of accounts, AO can not insist proof of Correspondence with the Deductor as held by SC in the case of ” CIT vs. TRF LTD”.

5.When in future any TDS credit was allowed relating to the TDS RECEIVABLE which was written off, same has to be offered to tax u/s 41(1).

Nut Shell:

1.Once is not getting Full Tds credit and short TDS credit is shown in ” TDS RECEIVABLE A/C”, Assessee can avail the benefit of Bad Debt u/s 36(1)(vii) r.w.s 36(2).

What is the date of Effective Voluntary Cancellation of Registration under the IT ACT?

2.For the availing benefit of ” BAD DEBT” assessee shall ensure that income relating to that unravelled TDS was put to tax in earlier previous years.

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REGARDS
CA M R Sahu
FCA, FCMA, LLB
(Expert Advisory in Dir. Tax, Intl. Tax, Transfer Pricing).
Location: Delhi & NCR. Odisha.
MNO: 9958062648
EMAIL: [email protected]

Details on Assessee (Authoritative Guide)

In Simple words, we can say that Assessee is an individual who is at risk to make good on any government expense or any aggregate of sum payable or have any commitment to cover regulatory obligation according to the Section 2(7) of the Income Tax Act,1961.

Likewise assessee can be named as every single individual for whom

  • Any procedures have been taken under the represent the evaluation of his pay
  • Incidental advantages,
  • Pay of some other individual for whom he is viewed as open
  • Any misfortune supported by him or by such other individual or
  • Individual qualified for any expense discount.

Example –

Pay of Mr. Rohan is Rs. 2,50,000 for the evaluation year 2018-19. He doesn’t document his arrival of salary for the year as he is going under the exempted piece. Here the Income Tax Department can not make any move against him. So he isn’t an assessee as no duty or some other total is expected from him for the given Assessment Year.

In a similar case on the off chance that he documents his arrival of pay to guarantee a discount of expense deducted on intrigue paid to him. At that point B is considered as an assessee.

Sorts of Assessee

  • Person
  • Hindu Undivided Family
  • Association Firm
  • Organization
  • Relationship of Persons(AOP) or Body of Individuals(BOI)
  • Nearby Authority
  • Fake Judicial Body(not secured under any of the previously mentioned classifications)

Grouping of Assessee

According to the Income Tax Act, the assessee has been characterized into various classes. For better understanding, we have given depiction about the equivalent

Normal Assessee

An individual is viewed as typical assessee when he is at risk to settle regulatory expense for the salary that is earned by him or the misfortune caused by him in a Financial Year. Furthermore, any individual who is subject to pay any intrigue, punishment to the legislature or qualified for get any discount under the demonstration is viewed as typical assessee.

Delegate Assessee

An individual who isn’t just subject to make good on regulatory obligations for his pay or misfortune yet for money or loss of different people too. As the name proposes, under this class assessee goes about as delegate for the people who might probably make good on their government obligations because of certain reasons. Instances of the delegate assessee are Guardian of Minors, Agent of NRI’s.

Esteemed Assessee

People who are secured under esteemed assessee are-

  • Agents or lawful beneficiary of the property will be treated as considered assessee, where perished individual bites the dust in the wake of composing his will to the lawful beneficiaries and agents.
  • Where an individual kicks the bucket, without composing his or her will. For this situation, his oldest child or if there is some other lawful beneficiary will be considered regarded assessee.
  • Watchmen of Minors, insane person or a moron whose pay is assessable according to the salary charge act, secured under considered assessee.
  • Any individual who is going about as the specialist of NRI having assessable pay in India.

Assessee in Default

An individual is said to be an assessee in default on the off chance that he neglects to consent to the obligations forced or neglects to satisfy the statutory commitment under the Income-Tax Act.

For instance An individual paying enthusiasm to someone else, is in charge of deducting TDS at source on this sum and to store the duty with the legislature. On the off chance that he didn’t pursue any of these obligations, he will be regarded to be an assessee in default. Same path according to area 218, on the off chance that an individual does not pay advance tax(in case going under that) at that point for this situation, he will be viewed as assessee in default.

Distinction between Person and Assessee

Individual Includes-

  • An Individual
  • HUF
  • An organization
  • Firm
  • Relationship of Persons or Body of Individuals
  • A neighborhood Authority
  • Each counterfeit legal individual not going under any of the previously mentioned provisos