If the freight charges is less than 35000 and he doesnt have pan number.. then should tds deductable or not??
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Read more at: /forum/details.asp?mod_id=232329&offset=1#.UNfp1ayNZkg
Geetha (Aricle) (103 Points)
24 December 2012If the freight charges is less than 35000 and he doesnt have pan number.. then should tds deductable or not??
Ravi kumar agarwal
(CA Student)
(48 Points)
Replied 24 December 2012
yes,
a person don't have PAN is also liable to be deduct from the TDS it does,t matter that what is the amount.
CA Suri Kota
(Assistant Manager @ EY)
(955 Points)
Replied 24 December 2012
Hi Geetha,
As per the amended section 194C, through Finance Act (2) of 2009, No deduction shall be made from any payments made to a contractor during the course of business of plying, hiring or leasing goods carriages, on furnishing of his PAN to the deductor.
This new subsection 6 of 194-C makes such transport contractor to compulsorily provide PAN to the Deductor, failing to which TDS will be made by Deductor as per 194C.
As per your query, if the transpoter fails to provide PAN, then he is subjected to TDS at even higher rate.
Trust this clarifies.
Suri
Geetha
(Aricle)
(103 Points)
Replied 24 December 2012
Upto 30000 if there is no pan no. tds not be deducted. if agregate comes to 75000 then it should be deducted.... i read some where but not remembering... are sure sir wat u said is correct??
CA Suri Kota
(Assistant Manager @ EY)
(955 Points)
Replied 24 December 2012
Yea Geetha. I even thought of the same earlier. But then when i came across the above section, it seems it is mandatory to provide the PAN.
CMA RAVI
(ASSISTANT MANGER - FINANCE)
(478 Points)
Replied 24 December 2012
tds under section 194 c applicable rate in this case needs to be 20%.
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