Cenvat
This query is : Open
Querist : Anonymous
Querist :
Anonymous
(Querist)
05 February 2010
On Car hiring TDS to be deducted u/s 194C or 194I
varun gupta
(Querist)
05 February 2010
A company has two branches situated at two different places.Only one of them is registered under Excise Act. Now, the company has imported some Raw Material for this Exciseable branch whereas Invoice has been addressed to Unit which is not registered under Excise Act and Bill of Entry has also been made in address of Non-Excisale Unit. How can its Excisable Unit take Cenvat Credit of Duty paid as Bill of entry does not bear its address while Raw Material is to be used at Excisable Unit?
05 February 2010
as per my view TDS on CAR hiring case related to u/s 194I(194I Rent on Plant / Machinery)
CA PUNEET TANEJA
(Expert)
05 February 2010
Car hiring is in the nature of a contractual arrangement b/w the hirer and the transport co.It depends upon the purpose for which car has been hire. If the Car has been hire from a Travel Co. then TDS u/s 194C is applicable.
Bimal Thacker
(Expert)
05 February 2010
If car is hired for per K.M. basis or minimum fare basis i.e. Fuel, Driver is also included in contract then TDS will be U/S 194 C. If only rent of car is paid i.e. Fuel, driver, repairs etc. exp. is to be born by contractee then TDS will be U/S 194 I i.e. rent of machinery clause
CA Prashant Gupta
(Expert)
05 February 2010
hiring of car is u/s 194C.
but if it is taken on rent and all exp like maintainence etc is born by payer then it is on rent and section 194I will be applicable.
but if it is taken on rent and all exp like maintainence etc is born by payer then it is on rent and section 194I will be applicable.
CMA Ramesh Krishnan
(Expert)
05 February 2010
My view is 194C
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