TDS on Car Hire Charges

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

13 January 2011 TDS on Car Hire Charges for carrying employees is treated as TDS on rent of plant & Machinery or it is treated as TDS on Contractors?

CMA. Subhash Kumar Jha

CMA. Subhash Kumar Jha (Expert)
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13 January 2011 194 C - contract payment

CMA. Subhash Kumar Jha

CMA. Subhash Kumar Jha (Expert)
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13 January 2011 But.. if you hire vehicle for some period, say 1 months. AND, you pay a flat rent for the same. Also, you pay all the cost towards its running then section 194 I will apply on the rental payment.

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CA.ViVeK M ACA

CA.ViVeK M ACA (Expert)
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13 January 2011 Normal case it is Treated as Contract194 C.

CA Sanat Pyne

CA Sanat Pyne (Expert)
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22 January 2011 TDS on hire charges of taxi/car charges can be covered under both section.Its all depends upon some issues

194 C
194 I
To decide under which section it should be covered I have underlined some major points

Taxi on specific job:
when ever taxi or any other vehicle booked for a specific Job like giving a contract to take employees from home to office and office to home .In these type of work a specific job has been assigned to vehicle and vehicle has not been hired as such so it should be covered u/s 194C and not under section 194I

Control of owner of vehicle:
In most of the time vehicles are hired with driver and control of the vehicle remain with the owner of the vehicle through driver,but this is not the deciding factor at all though its a point to be considered,whenever the control of vehicle remains with the the owner of the vehicle then it generally means that vehicle is specific job and not hired as such ,so deduction should be under 194C .but some times vehicle with drivers are also hired without specific jobs in that case person who has hired the vehicle can travel on it any where thought there may be some restriction but point is that no specific job has been assigned ,so in this case it will be covered under section 194-I

Contract agreement:
The main paper which will decide the issue is contract agreement and issue will be decided mainly on the basis of the term of agreements and if there are slight differences from contract that can be ignored.
Running & maintenance :
If running & maintenance expenses like petrol,repair etc has been incurred by the person who has hired the vehicle then we can say that it should be covered under section 194-I