CA Shabeer (CA, M.com) (297 Points)
08 February 2015Dear Friends,
I know that TDS is not required to be made for the Road frieght paid. Please confirm with suitable case law or notification (if any) whether TDS applicable for Road Frieght Paid by Reliance outlet to Reliance Company ( A COMPANY) while purchasing petrol.
For the frieght Reliance had issued separate invoice and sale tax had not been charged on dis.
Transactions had been done during the year 2009-10 and 2010-11
Thanks in Advance
Swami Ayyappa Nuli
(TAX ADVISOR & CONSULTANT AT G.S.T SUVIDHA CENTER)
(1372 Points)
Replied 09 February 2015
Whether Reliance company seperately show the frieght in bill or not is Immaterial as you are not paying frieght directly to Goods Transport Agency. so you are not payer of frieght for TDS purpose. you are paying contract amount to Reliance Industries for Contract for Sale. Therefore no way TDS applicable for Reliance Outlet. Reliance may be liable to deduct TDS on subsequent payment made by it to GTA if not furnished PAN. Thank you.
CAclubindia
