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TDS -194 C (Income Tax)

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( Author )
13 March 2009

Sir,

Our Company is a Sole Proprietor firm. We are rendering services for Bunker Fuel oil Barge owners at Chennai and Ennore Ports. Our work relates to various services rendered in connection with supply of Bunker fuel oils through Tank Barges to various ships coming to Chennai/ Ennore Ports. We have been charging our service charges as Agency Fees. Our Principals were making TDS under Sec 194C of IT Act.Though we are rendering the same service oriented work, since last month we are being charged at 11.33% which is applicable for professional work under section 194J. In this connection we found from your Expert reply dated 23rd Dec,2007 & 25th Dec2007 that even Agency Fees or any work done in shipping / handling attracts only Sec 194 C & hence TDS is only 2.265%. We request you to kindly give us your Expert advice in this matter.
Thanking you for your advice and with best Regards
Jude Vallabadas


CA Tilak Raj Sharma

( Expert )
13 March 2009

What type of services you are providing?


Jude Vallabadas

( Author )
13 March 2009

Following works are attented to by us
A)
1) Co-ordination of Bunker fuel oil supply with Indian Oil Corporation Ltd who are sellers of oil with Chennai & Ennore ports and with concerned Agents, Ships & Chief Engineers.

2) Obtaining permissions for movement of barges within Chennai & Ennore Ports attending to supervision of loading of bunker fuel oil from IOC, shore tank facility and terminal and respective tanker barge at Chennai / Ennore ports.

3) Liasioning with IOC Oil terminal on various matters relating to bunker supplies at Chennai & Ennore Ports.

4) Attending to Crew matters.

5) Attending to maintenance repair of tank barges by coordinating the same with barge owners and arranging for work shop and materials.

6) Preparing supply invoices on behalf of owners to IOCL and receiving settlement of the same for owners account.

7) Attending to statutory certificates work of each barge with concerned Govt. Dept.

8) Arranging for survey of respective barges with Marine Surveyors.

9) Attending to correspondence and replies with various Agency as and when required for and on behalf of owners under authority from them in their own name and style.

B) Above are the general pattern work and apart from which we represent owners at every forum.

C) We do not have any written agreement towards above work nor do we have any agency appointment.

D) We are not rendering any professional service but our work can be treated in general as Agents work for which our monthly fees was raised as Agency Fees.

We await yor kind reply.

Jude Vallabadas


Jude Vallabadas

( Author )
16 March 2009

Sir,

Awaiting your kind reply


Jude Vallabadas

( Author )
25 March 2009

Sir,

Kindly confirm TDS for our above service rendering work will be under IT Sec 194 C or 194 J. We are awaiting your kind reply.

Kind Regards


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