TDS Query

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Querist : Anonymous

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Querist : Anonymous (Querist)
02 May 2011 Dear Sir,s
Requested to help or resolve the query for taxes(Sales, TDS) as per below mention: -
Suppose there are two vendors A & B
A have restaurants (FOOD) business at different different palaces.
B have a mall and invites to A to open the restaurant in B’s Mall in Delhi
Suppose A raised a bill for the whole day sale on daily basis as per below : -
Total sales : - Rs. 1000.00
VAT on sales : - 120.00
Gross Sales : - 1120.00

But B charges 10% margin on above amount sales from the customers as per below : -
Total Sales : - Rs. 1000.00
Add Margin : - 100.00 (@10%)
Net sales : - 1100.00
Vat on sales : - 137.50 (@12.5%)
Gross sales : - 1237.50 for B.

In the above case is there any liability for TDS For A. (Because A sales food material on A’s brand name at B’s Palace and B charges 10% margin amount.

Please revert & mail on lv_kv@yahoo.co.in.

02 May 2011 yes for the 10% TDS is applicable as per 194H

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Querist : Anonymous

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Querist : Anonymous (Querist)
05 May 2011 The vendor is charging the difference amount as margin money , so would like to know it is also applicable on margin money amount ?


06 May 2011 Sorry for the wrong information,
Actually that 10% is treated as Rent as per 194I hence TDS should be deducted at the rate of 10% if the payment exceeds Rs 1,80,000 durig the year.

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Querist : Anonymous

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Querist : Anonymous (Querist)
10 May 2011 THANK U SO MUCH SIR,

Please also advice for below mention : -

We are raising bill to vendor for Rs. 100.00(Imagin), but vendor sales to the same to the customers for 110.00 by his own name & till no.

So confusion is this that we are raising bill for rs. 100.00 and getting rs.100.00 from the vendor.

but vendor uses his own till no. & bill but equipments & staff's people are ours.

So please clarify in that case too TDS is applicable.

10 May 2011 In this situation TDS is not applicable because it is treated as Sales and Purchase in normal course of business .
But in case if you have any Contract for supply of Staff then for that TDS applicable Under section 194C as a contract



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