TDS


This query is : Open 

(Querist)
09 November 2009 Dear Sir,

Pls Clarify

TDS applicable for Printing of Visiting Cards,broucher, catalogs.

Regard's

Manju

09 November 2009 We are a 100% EOU manufacturing Bulk Drugs and purchase material imported and indigenous accordingly make Export and DTA sale but mostly we are selling our product in DTA and pay excise duty (8.24%) only. For making product we use indigenous procured goods, which we procured against CT-3. Should we also pay Customs duty (50%) & Excise duty (8.24%) as well as both Cess. Please let us know the duty structure of DTA clearance in relation to use of indigenous procured goods with relevant notification.

CMA Gul S (Expert)
09 November 2009 Please refer


Circular No. 715, dated 8-8-1995 on the subject of applicability of section 194C, in respect of contract for supply printed material as per prescribed specifications, it has been said that such contracts would also
be covered under section 194C.

Before taking a decision on the applicability of TDS under section 194C on a contract, it would have to be examined whether the contract in question is a ‘contract for work’ or a ‘contract for sale’ and TDS shall be applicable only where it is a ‘contract for work’. It is, therefore, clarified that the provisions of section 194C would apply in respect of a contract for supply of any article or thing as per prescribed specifications only if it is a contract for work and not a contract for sale as per the principles in this regard laid down in para 7(vi) of Circular No. 681, dated 8-3-1994.

If printing charges are fixed for all card say Rs 200.00 irresprctive of Qty ordered then 194C would not applicable as it "contract for sale’ and "not for contract of work"

CMA Gul S (Expert)
09 November 2009
TDS applicable for Printing of Visiting Cards,broucher, catalogs.



Circular No. 715, dated 8-8-1995 on the subject of applicability of section 194C, in respect of contract for supply printed material as per prescribed specifications, it has been said that such contracts would also
be covered under section 194C.

Before taking a decision on the applicability of TDS under section 194C on a contract, it would have to be examined whether the contract in question is a ‘contract for work’ or a ‘contract for sale’ and TDS shall be applicable only where it is a ‘contract for work’. It is, therefore, clarified that the provisions of section 194C would apply in respect of a contract for supply of any article or thing as per prescribed specifications only if it is a contract for work and not a contract for sale as per the principles in this regard laid down in para 7(vi) of Circular No. 681, dated 8-3-1994.

If printing charges are fixed for all card say Rs 200.00 irresprctive of Qty ordered then 194C would not applicable as it "contract for sale’ and "not for contract of work"


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