VAT REFUND..

This query is : Resolved

Baljeet Singh (Querist)
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04 July 2011 RESPECTED EXPERTS,

Suppose,
A person is a contractor, who does the painting work for contractee. The contractee does not provide any material to Contractor.

The contractee has deducted TDS and TDS(W.C.T) on payments.

My question are..

1. Whether TDS(Works contract)is applicable on this contractor ?

2. If TDS(WCT) is not applicable, then what is the procedure to claim refund for contractee.

Note-- Contratee is not registered dealer.
(He does not have TIN.)

MJ Krishnamurthy

MJ Krishnamurthy (Expert)
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05 July 2011 Mr.Baljeet Singh,
The painting contractor in this case is engaged in transfer of property in his work ,and therefore ,tax liability arises. The contractee,althogh not registered,being a Govt,semi-govt,local bodies,institutions,PSUs,private industries,social organisations etc have to deduct VAT TDS from the amount payable to the contractor and remit the same to the VAT dept. The contractee has to issue a certificate of making TDS,to the contractor ,which is a proof of tax payment for him.
MJK