Tds on transporter

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

07 September 2016 We have recd declaration from transporter of not owing more than 10 vehicle.
But in G/R recd from transporter we found that more than 10 vehicle using for transportation of our goods.
On asking from transporter, he said we have only 6 vehicle in the name of company but we arranged vehicles from others to provide you the services.
Now my question is that we are liable to deduct TDS u/s 194 C.
Please help me !!!!!

Ankur Singhal

Ankur Singhal (Expert)
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07 September 2016 Dear
Its a normal case in transportation industry.
You need not required to deduct tds on this bill amonut.
You only need to take declaration from the transporter and not from the owner of truck.
Transporter here means who is arranging the truck, ie who has given you biltee.

Querist : Anonymous

Querist : Anonymous (Querist)

07 September 2016 But auditor says the transportation arrange by others is liable to deduct TDS as he is contractor in this case not the transporter.

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Ankur Singhal

Ankur Singhal (Expert)
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07 September 2016 dear
its a matter of opinion.
he has his own opinion but in our case we suggest client to not to deduct tds.