PRACTICING CHARTERED ACCOUNTANT
36 Points
Joined June 2011
But in first case we are just reimburshing the payment on behalf of transporter also to ABC Ltd. We dont have specific contract with transporter. It is only ABC Ltd which have done contract with Transporter for sending consingment. Hence in this case i dnt think TDS is Required to be deducted from our side. It will be a liability of ABC Ltd.
In Case two that is direct payment to transporter TDS may be applicable,But i am Not sure,because the wording of 194C says that Any person responsible for paying any sum to any resident contractor for carrying out any work (including supply of labour for carrying out any work) under a contract in pursuance of a contract between contractor and person specified, shall deduct in context at the time of such payment thereof in cash of by issue of a cheque or draft or by any other mode or its credit to contractor’s account or any other account, by whatever name called, whichever happens earlier.
As we donot enter into any contract with transporter it is ABC Ltd which entered into Contract hence it is not our liability as per my view. In second case i am not sure,please advice.