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Is TDS applicable on Propritorship firm.?

This query is : Resolved 
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(Querist)
22 December 2008 I want to ask that, we are a proprietorship concern and now we want to made payment to company as a commission on sale so then shouls we deduct TDS on it or not.


Please reply me soon.
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Rakesh R Kabra

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Rakesh R Kabra (Expert)
22 December 2008 If Individual and HUF is covered u/s 44AB, then only liable for TDS
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CA RAMESH KUMAR AHUJA

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CA RAMESH KUMAR AHUJA (Expert)
22 December 2008 Tax on commission is deductible if proprietor is covered for Tax Audit in the preceding year otherwise not. All provisions of TDS apply if covered for tax audit in the preceding year.
However, provisions of section 192 apply to proprietorships not having sales or receipts as per limits of section 44AB. Hence, provisions of TDS on salary apply to every employer irrespective of the turnover, sale or gross receipt.
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Taxguy

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Taxguy (Expert)
22 December 2008 What is turnover from commission in the concern. If less then 40 lakhs, no need. If more than 40 lakhs then you have to deduct.
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PARDEEP SINGH

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PARDEEP SINGH (Querist)
23 December 2008 thanks for your information.
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