Deduction of stds

This query is : Resolved

CA Himanshu Binani (Querist)
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25 May 2012 Please confirm that whether STDS is required to be deducted on every works contract as per WB Vat Act and if Vat is already charged on the invoice or the limit for registration under VAT has not been exceeded, then whether the Provision of STDS is applicable on such works contract.

STDS : Sales Tax Deducted at Source

CA Himanshu Binani

CA Himanshu Binani (Querist)
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30 May 2012 Dear Sir,
I need an clarification , that suppose a contractor supplied & fitted library racks , The invoice was provided after charging VAT @ 12.5% on the same .
1.The same fall under the scope of 194C for TDS deduction.
2. The same also falls within the definition of Works Contract as per VAT ACT 2003, hence as per the provision of Sec 40(1) STDS is required to be deducted on the same even though VAT has already been charged ,as nothing is specified regarding non deduction of STDS if VAT is already charged.
Please clarify on the same.

STDS: Sales Tax Deduvted at source according to WB VAT ACT 2003

Asha Kanta Sharma

Asha Kanta Sharma

(Expert)
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20 July 2024 In the context of the West Bengal VAT Act 2003, Sales Tax Deducted at Source (STDS) is a mechanism where tax is deducted by the purchaser (in this case, the contractee) from the payment made to the contractor (the supplier) for specified works contracts. Here’s a clarification based on your queries:

### 1. Applicability of STDS

**a. Works Contract under VAT Act:**
- According to the West Bengal VAT Act 2003, a works contract is defined broadly and includes contracts where both goods and services are supplied.
- If a contractor supplies and fits library racks, and VAT has been charged on the invoice (at 12.5% in your example), it indicates that the transaction is indeed treated as a works contract under VAT.

**b. STDS under Section 40(1) of WB VAT Act:**
- Section 40(1) of the WB VAT Act mandates that STDS should be deducted on specified works contracts.
- This provision does not exempt the deduction of STDS even if VAT has been charged on the invoice.
- Therefore, regardless of whether VAT has been charged separately on the invoice or the VAT registration limit has not been exceeded, if the transaction meets the definition of a works contract under the WB VAT Act, STDS is applicable.

### 2. TDS under Section 194C of Income Tax Act

**a. TDS under Income Tax Act:**
- Under Section 194C of the Income Tax Act, TDS (Tax Deducted at Source) applies to payments made to contractors for carrying out any work, including supply of goods and services.
- In your case, where library racks are supplied and fitted, if the invoice includes VAT and meets the definition of a works contract under VAT Act, TDS provisions under Income Tax Act may also be applicable.

### Conclusion

Based on the provisions of the West Bengal VAT Act 2003 and the Income Tax Act:

- **STDS (Sales Tax Deducted at Source):** Should be deducted as per Section 40(1) of the WB VAT Act if the transaction qualifies as a works contract, regardless of VAT being charged separately.

- **TDS (Tax Deducted at Source) under Income Tax Act:** May also apply under Section 194C if the payment exceeds specified limits and meets the criteria for TDS.

It's advisable to consult with a tax professional or a chartered accountant familiar with both VAT and Income Tax provisions to ensure compliance with both laws and to understand specific details and thresholds related to deduction requirements.

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