Tds related

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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.
Replies (3)
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.

My Case is As under

i am A (Trust), Other Party is B (Builder)

A Gave a contract to B (Co's) in F.Y.2013-14 & F.Y.2014-15, Contract Value is 1.5 Cr.

 

A without deducting TDS made full payment to B in F.Y.2013-14 & F.Y.2014-15.

 

Wen I went for filling IT returns with my CA he told me to get a declaration from B (Co's) that he has paid the IT (with Considering 1.5 Cr.)

 

 

Which form / Declaration should i collect from B

 

HO OK THANKS A LOT


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