Is it requir to TDS at time of payment to transportor.
Any change if transportor has given PAN number..??
shrikant kalyani (CA-Final Student) (60 Points)
09 June 2010Is it requir to TDS at time of payment to transportor.
Any change if transportor has given PAN number..??
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Section 194 C |
Payment to Transport Contractors / Sub-contractors engaged In the business of plying, hiring or leasing goods carriages |
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Applicable TDS Rate |
If PAN is quoted |
If PAN is not Quoted |
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If the recipient is a Company, Firm or Cooperative Society * |
Nil |
2.00% ( 20% w.e.f. 01.04.2010 ) |
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If the recipient is an Individual or HUF |
Nil |
1.00% ( 20% w.e.f. 01.04.2010 ) |
Ashish Sharma
(Service)
(1028 Points)
Replied 09 June 2010
TDS deduct on payment or on booking of bill which is earlier. rest Agree with deepak gupta
NiTiN JAiN
(TAX CONSULTANT & CA FINAL STUDENT)
(155 Points)
Replied 09 June 2010
yeah deepak is right
Shrawan Bhatia
(11 Points)
Replied 10 June 2010
To be eligible to 'Nil" rate of TDS, is it not necessary that the transport operator must also be registered under Service Tax?
While doing audit, I found bills of so many transport operators, not registered under service tax, whose monthly billing is exceeding Rs 1 lac. Can they enjoy nil rate of TDS?
Ashish Sharma
(Service)
(1028 Points)
Replied 10 June 2010
No relation in this exemption with service tax, further under GTA(Good Transport Agency) services requirement to registeration in service tax for the person who is liable to pay not the transporte.
Ashish Sharma
(Service)
(1028 Points)
Replied 10 June 2010
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TRANSPORT OF GOODS BY ROAD - FAQS
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Scope :
The service provided by a Goods Transport Agency (GTA) in relation to transport of goods by road is covered under this category.
'Goods Transport Agency' means any person who provides service in relation to goods transport by road and who issues a consignment note.
'Consignment Note' means a document issued by a Goods Transport Agency against the receipt of goods for the purpose of transport of goods by road in a goods carriage, which is serially numbered, and contains the name of the consignor and consignee, registration number of the goods carriage in which the goods are transported, details of the goods transported, details of the place of origin and destination and the person liable for payment of Service Tax, whether consignor or consignee or the Goods Transport Agency.
Person liable to pay Service Tax under GTA Service :
In relation to taxable service provided by a Goods Transport Agency, any person who pays or is liable to pay freight either himself or through his agent would be liable to pay the Service Tax, where the consignor or consignee of goods is one of the following categories:
(i) Factory registered under or governed by the Factories Act, 1948;
(ii) Company formed or registered under the Companies Act, 1956;
(iii) Corporation established by or under any law;
(iv) any Society registered under the Societies Registration Act, 1860 or under any law corresponding to that Act in force in any part of India;
(v) Co-operative Society established by or under any law;
(vi) dealer of Excisable goods, who is registered under the Central Excise Act, 1944 or the rules made thereunder;
(vii) body corporate established or a partnership firm registered, by or under any law.
In all other cases, the Service Tax is liable to be paid by the GTA. NOTE : When the recipient of GTA service is falling under any of the above mentioned seven categories, the Service tax should necessarily be paid only by the recipient of GTA service (who makes payment towards freight), and not by the provider of service (GTA).
Persons liable for Registration in respect of GTA service : Requirement of Registration is limited to persons liable to pay Service Tax. Thus, in the case of the categories (i) to (vii) mentioned above, the person liable to pay Service Tax (recipient of the service) is required to get registered. In all other cases, the Goods Transport Agency should obtain Registration. |
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PIYUSH AGARWAL
(CHARTERED ACCOUNTANT)
(91 Points)
Replied 10 June 2010
there is any difference if we are paying transportation charges to truck owner or to transportation agency
Ashish Sharma
(Service)
(1028 Points)
Replied 10 June 2010
No difference between truck owner and transportation agency as the in TDS is says the person contracting for service of hire, carriage. and in service tax it says any person providing services of transportation no difference define.
Ashish Sharma
(Service)
(1028 Points)
Replied 10 June 2010
But as per the notification No.29/2008 dated june 26, 2008, service provided to Good transfer agency by not transferring right of possession and effective control of such carriage out of service net.
Surrender
(CEO)
(461 Points)
Replied 10 June 2010
What is the liability for filing e-return for Service Tax paid to GTA ?
Ashish Sharma
(Service)
(1028 Points)
Replied 10 June 2010
Liability of filling TDS return under GTA is the same who is depositing service tax and the date are same as for another returns. for e filling as required liable if any one paid service tax of 1 lac in preceding financial year by cash or by cenvat credit. same last date as in manual filling.
| Originally posted by : Deep @ k Gupt/\ | ||
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Section 194 C Payment to Transport Contractors / Sub-contractors engaged In the business of plying, hiring or leasing goods carriages Applicable TDS Rate If PAN is quoted If PAN is not Quoted If the recipient is a Company, Firm or Cooperative Society * Nil 2.00% ( 20% w.e.f. 01.04.2010 ) If the recipient is an Individual or HUF Nil 1.00% ( 20% w.e.f. 01.04.2010 ) |
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strongly agree with deepak
Surrender
(CEO)
(461 Points)
Replied 10 June 2010
Service Tax e-return would be on www.cbec.gov.in not TDS return !
PRATEEK
(ACA)
(102 Points)
Replied 10 June 2010
IF AN TRANSPORTER FURNISHES PAN TO THE SPECIFIED PERSON(PAYER),THEN NO TDS WOULD BE DEDUCTED,IF HE DOES NOT FURNISHHIS PAN THEN THE TDS WOULD BE DEDUCTED @ 20%
CAclubindia
