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Very difficult question about itr

24 July 2018

I am confused about transporter itr. Transporter ka tds sec 194C me kat rha h. To uski return 44AD me file krni chahiye(mtlab gross receipt and above 8% profit dikhakr) ya 44AE me file hogi. Main purpose y h ki refund aa jaye.

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Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (183881 Points)
Replied 24 July 2018

Transporters cannot file u/s. 44AD

For transporters sec. 44AE available, provided not more than 10 gaddi....

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NAKUL BHAI (22 Points)
Replied 24 July 2018

Sir, But income tax department ka system aisa bna hua h sir ki agar koi income 26AS me show ho rhi h wo saf saf itr m bhi show honi chahiye aur yadi na ho to wo jo income humne itr me declare ki h usme 26AS ki income add krke adjustment order bej dete h.

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (183881 Points)
Replied 25 July 2018

Yes, that is true........ but TDS u/s. 194C is for two services....... one for any contract and secondly for transportation.

So, if you clarify that the TDS deducted by consignee is for trasportation services, it will be accepted.

Main reson for doubt is that transporters (eligible u/s. 44AE) can give 'no tds deduction letter' to consignee, so that TDS cannot be deducted on such small transporter !!!

Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (183881 Points)
Replied 25 July 2018

If the transporter is not owning more than 10 goods carriage at any time during the previous year, then deductor has to obtain a declaration from transporter along with the copy of a PAN before credit or payment to the transporter, whichever is earlier.

The transporter is liable for TDS if more than 10 goods carriage is owned at any time during the year. This deduction is done at the time of paying charges to goods transporter. TDS will be deducted at the rate of 1% or 2% as the case may be; based on the transport contractor’s status which can be identified by the 4th alphabet of the PAN.

Conclusion

With this addition to the Act, reporting all deductions w.r.t Nil TDS on transporter payment in quarterly return (26Q) is made compulsory.

The person responsible for making the payment to the transporters, which is subject to tax, is advised to collect the below documents for such transactions:

Self-attested copy of PAN Card
Declaration of the fact that such contractor is neither registered nor the owner of more than 10 goods carriages.

Attached herewith the Specimen of Declaration that should be given on the letterhead of the Transporter.

Attached File : 1648935 20180725081727 tds on transporter.doc downloaded: 57 times

NAKUL BHAI (22 Points)
Replied 25 July 2018

Yes sir, apki bat shi h ki agar transporter declaration de de to iska tds nhi katega. But sir ab tds bhi kt chuka h & transporter ke pas only 4 vehicle h. To fir m dikha du 44AE me. Main reason yhi h sir ki transporter eligible for 44AE pr uska tds kt gya 44AE me. Mtlab aisa to law nhi h ki tds kat gya to 44AE ke liye eligible nhi rhe.