Tds applicable or not

This query is : Resolved 

09 January 2013 is tds applicable for contractor in this case ?

for eg.
on date 08.01.2013 party raised three difference invoice on same day of three different shipment of rs.
1) 25000
2) 25000
3) 24000
is tds applicable ?

beacause the threshold limit is 30,000 ( single transaction ) 75000/- ( aggregate during the year )


expert pls reply


09 January 2013 TDS not applicable in above case.
When threshold limit will cross 75000 aggregate in year.. then deduct the tds.

09 January 2013 TDS is not applicable
as you urself told the limits
no bill is more than 30k and total doesnt cross 75k


09 January 2013 thank you hemant sir

but , purposely they can issue three different invoice instead of one to save thier tds amount



09 January 2013 definetly they can do so.
but normally companies doesn't do that. because shipping co is not a small co. they need to get refund as there are many exemptions for them. so they raise bill mostly on shipment basis
but for theory they can do so for saving TDS

09 January 2013 thanks prashant sir

09 January 2013 dear prashant ji ,

one more question regarding this issue suppose in the month of march 2013
supplier issue one more invoice let say of rs. 10,000/-

so now he crossed the threshold limit and i will deduct the tds on whole amount of rs. 84000/- and deposit in the next month but

it will attract interest on the tds amount of 74000/- or not

becuase this amount is related to jan 2013, i asked to auditor he told me that it will attract interest for two month of tds amount for rs. 74000/-

but i think not need to pay interest ?

please suggest


09 January 2013 Yes

TDS on whole amount to be deducted.

Thanks!!


09 January 2013 dear vaibhav

i am talking about interest not tds ?

09 January 2013 Hey

No interest would be required to pay. Since TDS payment wasnt due at that point of time.

Thanks!!

09 January 2013 do you have any case law for this

12 January 2013 Dear Uday,
TDS will be applicable in March-2013 then
and because full year amount is more than 75000 now so now TDS will be deducted on full amount i.e. 84000/-
No interest is applicable as previously you were not liable to deduct TDS.
it is cleared by section itself




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