28 October 2010
This is a case relates to Scrutiny I have a client who has purchased goods from out states and his seller has supplied goods to ABC transporter Co. but however ABC Transporter Co. has not actually transported goods. They will handover the goods to other person "X". My client has made the payment to "X".
In this manner in a year so many times my client has purchased the goods and it is supplied by ABC Transporter Co. But every time goods is actually transported by different person depending on the area of seller. And in that way my client has made payment to different person who transport on behalf of ABC Transporter Co.
Month Payment of Rs. Payment to April 19000/- X June 18000/- Y November 17000/- Z January 15000/- A March 15000/- B Total 84000/-
So in all total payment made in a year is above Rs.50000/- but to different person every time on behalf of ABC Transporter Co. Whether my client should deduct tax at source while making payment?
29 October 2010
What is the context of transport agreement, Is it between the your client and ABC transporter, If yes, TDS will be applicable. Since you are making the payment as per this agreement on the advise of ABC transporter.