194C vs 194H for labour supply charges

This query is : Open

k chakraborty (Querist)
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10 March 2025 A person (X) enters into a contract with a company (Y) to supply labor for executing a specific work. X is obligated to provide the required labor but does not supervise or control their work. The company (Y), as the principal employer, directly pays wages to the laborers to ensure compliance with labor laws (such as timely payment, EPF deductions, etc.). X is paid separately as a percentage of the labor supplied. Given that:

1. X does not act as an agent of Y but has an obligation to supply labor for a specific work.

2. The wages are paid directly to laborers, not routed through X.

3. X receives a fixed percentage payment based on the labor supplied.

Would the payment to X attract TDS under Section 194C (supply of labour for carrying out work) or Section 194H (commission/agent)? Additionally, should TDS under 194C be deducted on the wages paid directly to laborers?