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My firm issues a cheque for Rs 28000/- today towards
Advocate fees to Adv. Mr X. After three months the same Adv.
Mr X is paid Rs 25000/- as Adv.fees. How do I handle the tax
part u/s 194J of the I.T.Act? Do I have to pay TDS on the
first paid Rs 28000/- or ignore, or while paying him the 2nd
cheque deduct tax on Rs 28000/+ Rs25000/= i.e., Rs 53000/=.
Or on the other hand also pay Interest on TDS on Rs 28000/=
for delaying the payment? Trust the issue is crystal clear?

Answer Posted / gulzar singh

i think in this situation when Cheque of Rs. 28000.00 is
issued. it is below of threshold limt that is Rs. 30000.00
in this situation tds is not deduct because 28000.oo is
less thein 30000.

But after three month a another payment is realesd of rs.
25000. now here the total payment is become rs. 53000.00
( i.e. 28000.00+25000.00) now this amount is cross the
threshold limt( i.e. rs.30000). Now the TDS Will be deduct
on rs. 53000.00 plus interst is charges for late payment of
TDS on 28000.00

Is This Answer Correct ?    2 Yes 4 No



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