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Applicability of TDS on food ordered from restaurant ??

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(Querist)
23 October 2023 A company orders certain no of lunch say 100 qty for their employees at fixed rate.

restaurant packs the total lunch and company person picks it up from restaurant and brings it to company premises.

Restaurant raises monthly invoice.

Is TDS applicable u/s 194C in this case
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CA R SEETHARAMAN

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CA R SEETHARAMAN (Expert)
23 October 2023 Yes, TDS applicable under section 194c.
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CA Abhishek Singh

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CA Abhishek Singh (Querist)
07 November 2023 restaurant says that there is no service. Its a contract for food and hence tds is applicable just like purchase of goods/materials.
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CA R SEETHARAMAN

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CA R SEETHARAMAN (Expert)
07 November 2023 No it's contract for supply of food will fall under service.
5% GST applicable under SAC service code.

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