Tds

This query is : Resolved

Dhruv (Querist)
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17 January 2013 Sir ,
we are hiring an agent who makes us available with trucks and racks in railways for transportation of goods , we are paying him the freight and he pays it to tranporter less his commision ,
Are we liable to deduct Tax at source ?

kindly quote setion or rule as the case be .

Thanks

CA Prashant Gupta

CA Prashant Gupta (Expert)
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17 January 2013 if he is agree to be shown as transporter then you can escape TDS by showing him transporter and take PAN of him.
But if it is not possible then tell him to raise commission bill and deduct TDS only on commission.
because in existing practice you can't treat him transporter so you will need to deduct TDS on full amount. for which he will not be ready as it is not his income.
So ask for bill of commission

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