Cenvat

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05 February 2010 On Car hiring TDS to be deducted u/s 194C or 194I

varun gupta

varun gupta (Querist)
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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?

RD Verma

RD Verma (Expert)
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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

CA PUNEET TANEJA (Expert)
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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

Bimal Thacker (Expert)
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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

CA Prashant Gupta (Expert)
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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.

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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05 February 2010 My view is 194C

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