TDS

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YADAV SANTOSH (Querist)
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16 March 2011 Dear Experts,

XYZ Co. Ltd has a contract of service with Mr. A for the value Rs. 1 Lac.

Work is undertaken and contract is completed.

However at the time of making the payment, Rs 1 Lac is received partly from Mr. A , Mr. B & Mr. C and they have also issued a TDS Certificate for the respective amounts.

(Mr. B & Mr. C were not involved and were not a participants in the contract agreement but had interest in the contract and hence made the payment)

My query is can XYZ Co. Ltd claim such TDS from Mr B & Mr. C. against which in his books he doesn't have any sale to Mr B & Mr. C as the Sales Invoice was raised on Mr. A.

Kindly Suggest!

Thank You.

Susil Kumar Mishra

Susil Kumar Mishra (Expert)
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17 March 2011 No, how it is possible. If XYZ Co. is not showing any income from Mr B. & C how the co. can claim the TDS. XyZ co. can claim the Mr. A's TDS only.

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