If a contractor gives a work on a sub contarct to a sub contractor, and a contractor hires a truck for carriage of goods / material to or from sub contractor. Will the activity of hiring trucks would cover as seperate contract or is covered as a sub-contarct?
4 Replies
CA CHINTAN AJMERA
(Chartered Accountant)
(2987 Points)
Replied 09 December 2008
Yes i think it is treated as seperate contract.
RAJU
(LEARNER)
(1089 Points)
Replied 09 December 2008
Dear Sir,
I am not sure whether I can clarify you but would like to put my views on the matter. Hope the query is in connection with deduction of tax at source U/s.194C. If hiring of vehicles is a primary contract which in turn is sub-contracted, it is a sub-contract. In present case hiring of vehicles is ancilliary to the main object. Hence, I think it will be a separate contract and not a sub-contract.
Rgds/Dharmaraju
Pavan Jain S
(Chartered Accountant)
(1575 Points)
Replied 10 December 2008
The Contractor has entered into a contract with other subcontractor for hiring of vehicles. It is a separate sub contract on the following grounds:
· the main contractor has hired vehicles for carriage of goods to sub contractor
· the transportation of goods to and from sub contractor is wholly or partly in pursuance of main contract.
In such cases, no TDS u/s 194C has to be deducted if the sub contractor hiring the vehicles is Resident and do not own more than 2 goods carriages at any time during the PY and he submits a declaration in Form 15I. In any other case, TDS has to be made.
This reply is in accordance with my understanding of the query
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