EASYOFFICE

Tds on vat invoice

This query is : Resolved 

10 March 2015 Dear Sir,
Please read my querry carefully and answer it...

If my company had sent a car for repairing to a mechanic.. and that mechanic had charged material and labour charges in the same bill including the vat amount..

now what should i do as it is a service/repairing for me..

so should i deduct tds or not ???

i think i must go for deduction of tds on safer side else it wil b violation of income tax act that i had paid labour charges without deducting tds..???

10 March 2015 http://www.simpletaxindia.net/2009/11/tds-on-job-work-us-194c-amended-from.html

https://www.caclubindia.com/experts/tds-on-consolidated-bill-of-material-labour-98881.asp#.VP6UpHyUdic

http://taxguru.in/income-tax/faqs-tds-contracts-section-194c-income-tax-act-1961.html

10 March 2015 i sent mah car for repairing

bill value = 10000

Tax 5 % = 500

total = 10500

now this amount is composite of material and labour..!!!


10 March 2015 https://www.caclubindia.com/experts/tds-liability-2120494.asp

10 March 2015 Please refer Section 194C(3)(i). TDS to be deducted on value excluding the value of material, if such value is mentioned separately in the invoice and therefore no TDS on VAT which is charged on Material.


VAT can not be charged on Labour charges. If the VAT has been charged on total mount then it means there is no charge in respdct of Labour/Service. Treat entire Invoice towards material.

11 March 2015 https://www.caclubindia.com/experts/tds-liability-2120494.asp

11 March 2015 Tushar Ji VAT can not be charged on Labour charges. You agree or not?

If no service value is shown in bill separately and only VAT is charged then it means the bill is only for material/spare parts. You agree or not?

11 March 2015 https://www.caclubindia.com/experts/tds-liability-2120494.asp


11 March 2015 Tushar ji i asked you few questions which you did not reply. Your answer lies in the reply of my question.

Now coming to your question.

If mechanic did the repairing work and also supplied material then he will never charge VAT on Labour charges. I hope you agree. Labour charges is subject to service tax not VAT.

Dear Ankit please see on which amount VAT is charged. What is written in bill besides the amount on which VAT is charged.

30 October 2015 it is really confusing till today sir...

I wanna c any notification or any rules related to this..

that we need not to charge tds on vat part if the bill is given together of labour and material in which vat and service tax both has been charged

30 October 2015 Dear Ankit Please refer Section 194C(3)(i). TDS to be deducted on value excluding the value of material, if such value is mentioned separately in the invoice and therefore no TDS on VAT which is charged on Material.

TDS to be deducted on whole of the invoice value, if the value of material is not mentioned separately in the invoice.

Link:

http://www.incometaxindia.gov.in/_layouts/15/dit/Pages/viewer.aspx?grp=Act&cname=CMSID&cval=102120000000041123&k=&IsDlg=0

Hope it will be clear now. We say TDS is not applicable on purchase. So is supply of material not purchase when the same is mentioned separately in Invoice?

30 October 2015 but what if I had given a single service order for repairing of mah vehicle... so in that case service order will not b of any importance.. the bill will be important...

Isnt it ??


30 October 2015 Dear Ankit Please read Section 194C(3)(i) and tell me your understanding.

It think the provision laid down in said section is clear on this.



You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now

Join CCI Pro
CAclubindia's WhatsApp Groups Link


Similar Resolved Queries


loading


Unanswered Queries