09 May 2009
whether tax deducted from material testing fees & what's the percentage? the party who do both the work labour work & material testing work , how to apply tds provision here. only 194c apply or 194c & 194j both apply separetly.party issue separete bill then how tds will apply.
09 May 2009
As per circular no 720 of CBDT date 20.08.1995, a transaction which is covered under one section for tax deduction will not be covered under another section. so both the sections can not apply to a single transaction. in the given query if the bill is only for testing the material, it will be a technical service within the meaning of explnation 2 to section 9(vii) and TDS would be required to be deducted @ 10%+ Applicable SC and EC. If the contract is for supply of tested material, it will be a works contract and TDS @ 2.66% + Applicable SC And EC would be applicable.