Tds applicability on payment made to dharam kanta

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Querist : Anonymous

Querist : Anonymous (Querist)

03 January 2017 Whether TDS will be applicable on payment made to dharam kanta or not

Sandeep Dharar

Sandeep Dharar (Expert)
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03 January 2017 No, TDS is not applicable on that.

Querist : Anonymous

Querist : Anonymous (Querist)

03 January 2017 please give logic on that since in my view we have taken service from dharam kanta and TDS should be deducted U/S 194C

Sandeep Dharar

Sandeep Dharar (Expert)
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03 January 2017 What is the invoice amount?

Querist : Anonymous

Querist : Anonymous (Querist)

03 January 2017 Dharam kanta owner raise monthly bill for 20K to 22K per month.

Amol S Joglekar

Amol S Joglekar (Expert)
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03 January 2017 under which section do you feel that the TDS should be done?

Querist : Anonymous

Querist : Anonymous (Querist)

03 January 2017 u/s 194C tds should be deducted

Amol S Joglekar

Amol S Joglekar (Expert)
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03 January 2017 Section 194C(1) :Any person responsible for paying any sum to any resident (hereafter in this section referred to as the contractor) for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract between the contractor and a specified person.......... Is there any written contract between the Dharam Kanta Owner and the person availing the service of Dharam Kanta?

Querist : Anonymous

Querist : Anonymous (Querist)

03 January 2017 yes there is written contract between dharam kanta and person availing service.

Amol S Joglekar

Amol S Joglekar (Expert)
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03 January 2017 Then your contention is right.
TDS should be done as per the provisions of section 194C

Sandeep Dharar

Sandeep Dharar (Expert)
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03 January 2017 If there is a written contract that u'll charge for the same dharam kanta and by the same owner, then u can deduct tds u/s 194C. But still I feel that its not a contract for TDS deduction.

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