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Tax deducted at source

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Querist : Anonymous

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Querist : Anonymous (Querist)
10 December 2014 Trader of Power, Sales the Electricity to a Limited Co.
Now, with selling electricity the Trader charges the Trading Margin in Invoice.

My query is whether TDS will be applicable on Trading Margin amount or not ?

If Yes then under which section or No then Why.

All experts are requested to give advice as soon as possible please.

10 December 2014 no tds is applicable on sale items.

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Querist : Anonymous

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Querist : Anonymous (Querist)
11 December 2014 Require more suggestion

12 December 2014 since electricity is a goods hence no tds is applicable u/s 192-196D of it act

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Querist : Anonymous

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Querist : Anonymous (Querist)
13 December 2014 Thank you Mr. Tushar for suggesting, but still i am not come to the solution because here i am talking about Trade Charges not Electricity Charges.

So, TDS is applicable on Trade Charges or not ?????

26 July 2025 Got it! Your question is about **TDS on the Trading Margin charged separately** on electricity sale, not on the sale price of electricity itself.

Here’s the clarification:

* **Sale of goods (like electricity)** — no TDS is applicable on the sale value itself.
* But **Trading Margin is a service/commission/fee** charged over and above the cost price. This is NOT sale of goods, it’s a kind of service income.

**So, is TDS applicable on Trading Margin?**

* Yes, **TDS can be applicable on the trading margin**, because it is a service income.
* The relevant sections could be:

* **Section 194C** if it’s treated as payment to contractor.
* **Section 194J** if it’s treated as professional or technical services.
* Or **Section 194H** if treated as commission or brokerage.

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**Which section applies depends on the nature of the agreement:**

* If Trading Margin is a **commission or brokerage**, then **Section 194H** applies (TDS @ 5%).
* If it is a **contractor/service provider payment**, then **Section 194C** applies.
* If it’s for **professional services**, then **Section 194J** applies.

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### Practical approach:

* If the trading margin is like a commission or brokerage on the sale of electricity, **Section 194H (TDS on commission @ 5%)** is the closest fit.
* So you **should deduct TDS on the Trading Margin amount under Section 194H**.

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