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Tds related

rishabh bhandari s (bangalore) (38 Points)

14 April 2016

Dear Sir, A trust had a construction of temple in the F.Y.20013-14 & F.Y.2014-15, the construction contract was given to a company, & no TDS is Decuted. (As Per TDS there is a form _________?, if the contracting company gives me a declaration that they have paid all the tax on their income, the Trust can be saved from deducting the TDS. I want to know which form (Declaration) i should collect from the Contracting Co.

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Tribhuvan Aditya Singh (Student as well as Self-employed) (3710 Points)
Replied 14 April 2016

in case where no tds has been deducted then following conditions need to be fulfilled:-
a. the payee has furnished his ROI u/s 139.
b. he has taken into account such sum for computing his total income.
c. he has paid taxes on income declared by him.
d. the person who failed to deduct tds furnishes a certificate from CA in Form 26A that payee has fulfilled the above conditions.

thus, no declaration to be taken from the contracting co. the trust has to obtain a certificate from CA in Form 26A in your case.