Tds 194c

TDS 1268 views 13 replies

A PARTY HAS A ANNUAL REPAIR & MAINTENACE CONTRACT WITH A PERSON FOR REPAIR & MAINTENANCE OF THE GENERATOR OF RS 72000/-....... APART FROM THAT THE SECOND PERSON IS PROVIDING GENERAL REPAIR & MAINTENANCE SERVICES OF RS 58000/- WHICH ARE NOT SPECIFIED IN THE CONTRACT.... ID TDS NEEDS TO BE DEDUCTED 

Replies (13)

If the 2nd portion provided is in the nature of a works contract (which it ideally will be as it pertains to repairs & maintenance) then TDS is required to be deducted on the total amount i.e. (72000 + 58000)

TDS to be deducted.

As per 194C, payment to be seen person-wise and not contract wise. Since the payment to the party is exceeding the limit u/s 194C, i.e., Rs. 75,000 p.a.... TDS needs to be deducted.

As per 194-c YES ON CONTRACT TEA DEDUCT ON FULL AMOUNT @ 2%
Yes deduct TDs on 72000 only if any bill amt. exceeds 30000 otherwise not .....and in second case no need to be deducted
TDS to be deducted not on the full amount... as per circular dated 13.01.2014 ..TDS to be deducted excluding service tax..if ST is shown separately in the invoice...

TDS is based on payment made to person and not on the basis of contracts. Thus, it has to be deducted on Rs. 72000 + Rs. 58000

@ jatin Aswani...could you give me the reason why TDS is not to be deducted on the remaininmg amount

Yes, Tax is needed to be deducted in both the cases provided the amount paid to a person for the expenses has exceeded Rs 75,000/- in total or Rs 30,000/- in a single payment or if  credit is given for a single entry of Rs. 30,000/- or an overall entry exceedin  Rs. 75,000/-. In the given situation if the payment is made on various occasions each of which is Rs 30,000/- or less , then no tax is needed to be deducted. Moreover , application of Sec 194C Does not require any formal / written contract and it should be seen from person wise . Again if both type of Repairing is provided by the same person  , then TDS is to be made as the total payment exceeds Rs 75,000/- pa

in the given situatuion the aggregate of payment in contract and otherwise has gone beyond Rs 75000/- so is their need to deduct tds @ anant

 

Yes, exceeds the limit Rs. 75000.

Yes, 194C applicable on gross amount.

PLEASE TELL ME WHETHER TDS IS DEDUCTIBLE WHEN THERE ARE TWO TRANSACTIONS OF RS. 28000 IN A SINGLE DAY AND PAYMENT OF THE SAME IS ALSO DONE ON A SINGLE DAY WITH A SINGLE CHEQUE BUT ENTRIES BIFURCATED INTO TWO TRANSACTIONS.. THANX. 


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