08 June 2015
sir, one of my client was deducting tds on payment to contractor, but later contractor has stopped supplying material itself and instruct the third party to supply material. now since six months material is supplied by third party, third party was issuing bills to us on the name of contractor and we are making payment to third party directly. but no tds was deducted on such payments and now contractor is issuing conslidated bill. so whether payment for material made earlier to third party is required to deduct tds or not. only letter correspondence is there to prove that payment is made on behalf of contractor
08 June 2015
Mr. Sachin, the above contract of your client seems to be of sale/supply of material where no TDS liability arise. TDS liability arises only when payment is being made to any resident contractor for carrying out any "work (including supply of labour for carrying out any work) under a contract".
work shall not include manufacturing or supply a product according to the requirement or specification of a customer by using raw material purchased from a person other than such customer as such a contract is a contract for `sale’, please refer Circular : No. 681, dated 8-3-1994.
08 June 2015
Mr. Sachin, What is the nature of original contract? Whether you were providing some material on which the contractor was required to work: - If yes, then it is if job work nature and the payment is liable to TDS. - If no, then it is a contract for supply of material, and the liability for TDS didn't arise since the begining.
Payment to third party on behalf of the contractor does not alter the nature of contract and similarly the TDS liability.
CAclubindia
