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Tds related

This query is : Resolved 

24 March 2015

These all service are related to Sea Port (provided by company)


24 March 2015 2-7 no tds applicable
and on 1. check whether sec 194I is applicable only if rs 180,000 threshold on p.a basis is crossed or not, if yes then deduct else not

24 March 2015 TDS should be deducted u/s 194C on Sea port related Services provided by the Company.

Threshold limit:

Rs 30000/- Single Bill/Payment
Rs 75000/- Annual Total

Rate of TDS 2%. If PAN not provided 20%.


25 March 2015 Mr. Tushar sampath on what basis you are saying TDS should not deduct , have you any supporting Income tax privsion?


Mr. sanjay gupta g, on veiwing the 194 I provision , items 1,2,4,6 are falls under 194I. but there is no any clear terminology for these items. As per you is port is providing something in rent then also 194C applicable?

25 March 2015 any of charges given does not fit in definition of works contract under sec 194C

http://yourfinancebook.com/tds-contacts-section-194c/

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


25 March 2015 one thing we have to note is, in this section word "means" is not used it is using "includes" hence we cant say other than terms given in section is not liable to TDS only e.g.Royalty is attracting 194J clearly and Birth Hire and railway usage is attracting 194 I (as per me).

25 March 2015 that is why i have already replied in my 1st reply for applicability of sec 194I subject to threshold limit of 180,000 p.a to be crossed

25 March 2015 i am searching for any relevant case laws or income tax given suggestion. If you have then please share is to support your answer.
you have already told is 2-7 is non TDS deductible. Please suggest by some relevant section's provisions or case laws because everybody will have their own view but income tax will not accept it , simply it is creating confusion to everyone.


25 March 2015 Tds on freight - https://www.caclubindia.com/mobile/experts/tds-on-freight-1997569.asp

Santosh Ji please check out above. Services mentioned by you are generally part of Ocean Freight on which TDS to be deducted u/s 194C.

Is there any separate agreement for Berth Hire charges? What is the exact nature of service if its not related to Sea Freight?

25 March 2015 Sanjay G,
we are not paying any above payment to ship owner or agent of them as ocean freight.

These are expenses related to Port companies who are all maintaining the Sea Port(e.g. Kakinada Sea Port limited).

25 March 2015 Santosh ji I request you to explain the nature of each of above transaction in brief.

Just because hire charges word is used it does not mean Section 194I will be attracted. For example Car Hire charges attract section 194C.



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