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Applicability of TDS and TCS

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12 May 2022 1. ABC Ltd. ( T/O more than 10 Cr) has entered into a distribution agreement with XYZ Ltd ( T/O more than 10 Cr). XYZ Ltd will handle, transport, warehouse and distribute the products after receipt of the products on consignment basis on behalf of ABC Ltd.
2. The Distributor, XYZ Ltd, will deliver aforesaid products to sub-distributors (both T/O more than and less than 10 Cr) and invoice the sub distributors in respect of such delivery. On the face of the invoice it is mentioned that “XYZ is acting as an AGENT OF PRINCIPAL M/s ABC Ltd”.
3. Collection: XYZ Ltd, the distributor, will collect funds on or behalf of ABC Ltd from sub-distributors.
4. ABC Ltd. will pay distribution fees to XYZ Ltd as per the agreement.

In view of the above fact kindly suggest provision of section 194Q & 206C (1h) of IT Act, 1961.
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CA R SEETHARAMAN

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CA R SEETHARAMAN (Expert)
13 May 2022 Provision of section 194Q & 206C (1h) of IT Act, 1961 not applicable on XYZ Ltd.
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