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TDS deduction on Penalty

TDS 2837 views 1 replies

This is with respect to my earlier Question regarding TDS on penalty.

According to me there is two way to deduct TDS on payment made to Contractor witch include penalty also.:-

Lets  Service charges(Including S.Tax) = 100 , Penality = 20, TDS Rate = 2%

Method 1 for TDS Calculation :-

Amount for TDS Calculation = (100-20) = 80

TDS = (80*2%)  =1.6

Net Amount Payble to contractor =(80-1.6) =78.4

Method 2 :

Amount for TDS Calculation = (100)

TDS = (100*2%) = 2

Amount Payble to contractor =(100-2-20) = 78

Which  method is correct ?

Replies (1)

Dear Birendra Sir,

Since contractors account will be credited by the Net amount only, i mean net of Penalty or what we can say "Liquidated damages", therefore TDS will be deducted on that amount only......

Therefore Method 1 is correct


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