17 June 2008
There is a service provider 'T' which provides services to 'X' for which there is a contract between 'X' & 'T'. 10% of the total service charges are paid by 'Y' to 'T' on behalf of 'X'. 'Y' an independent party to 'X'. 'Y' deducts TDS on the same and deposit to govt. Rest of the 90% is paid by 'X' and TDS deducted accordingly. Later 'X' reimburses 'Y' the gross amount paid by 'Y'. Question is whether this re-imbursement by 'X' to 'Y' would again be liable to TDS. Could you plz substantiate your answer with some decided case laws/circulars. Thanks