Section 201: No TDS Default If Payee Has Paid Tax: CA Certificate Format Prescribed

Tuesday, September 18, 2012

Section 201: No TDS Default If Payee Has Paid Tax: CA Certificate Format Prescribed

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From: editor@itatonline.org <itatonline.org@gmail.com>
Date: Tue, Sep 18, 2012 at 10:09 AM
Subject: Message from EGroup of SolapurCAs S. 201: No TDS Default If Payee Has Paid Tax: CA Certificate Format Prescribed
To: editor@itatonline.org

Dear Subscriber,

S. 201: No TDS Default If Payee Has Paid Tax: CA Certificate Format Prescribed

The First Proviso to s. 201 (1) as inserted by the Finance Act 2012 w.e.f. 1.7.2012 provides that any person, including the principal officer of a company, who fails to deduct the whole or any part of the tax in accordance with the provisions of this Chapter on the sum paid to a resident or on the sum credited to the account of a resident shall not be deemed to be an assessee in default in respect of such tax if such resident—

(i) has furnished his return of income under section 139;

(ii) has taken into account such sum for computing income in such return of income; and

(iii) has paid the tax due on the income declared by him in such return of income,

and the person furnishes a certificate to this effect from an accountant in such form as may be prescribed:

Vide Notification No. 37/2012 [f.no. 142/18/2012-so(tpl)] dated 12-9-2012, the CBDT has inserted Rule 31ACB and Form No. 26A to prescribe the format in which the CA's certificate should be obtained by the payee.