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Issuance of TDS certificate

This query is : Resolved 

20 March 2009 A. Ltd. has given a contract to B. Ltd. for construction of a plant. A. Ltd. has paid professional fees on behalf of B. Ltd. after deducting TDS. Expenditure is born by B. Ltd. So who is responsible to give Form 16 A?

20 March 2009 If A Ltd. made any payment on behalf of B Ltd. that payment will be treated as payment made to B Ltd. and if B Ltd. needs to deduct TDS on those payments then it is liability of B to deduct TDS and deposit TDS, submit TDS return as well as issue TDS certificates.

A Ltd. is separate identity, it cannot deduct TDS on behalf of B as well cannot issue TDS certificates.

20 March 2009 It is the responsibility of the payer to deduct tax even if the amount is paid on somebody's behalf.

21 March 2009 I agree with the view expressed by Sri Wadhwani


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