TDS Deduction

This query is : Resolved

survesh (Querist)
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12 December 2009 Respected Sir

Please guide me for : A Partner Ship Firm Purchase Travelling Bills from a Firm Named OM Tourist.Prop Firm.for Travelling Expenses made by partners & Staff for Firm work.We Have Purchased upto today 100,000.00 Bills and paid also.Please Guide should TDS be Deduct. for Bills Credited in Firm Ac. (TDS @ 1%)

Regards

hshivakumar

hshivakumar (Expert)
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12 December 2009 it is flight bill ?

Amol Gopal Kabra (CA,CS,DISA)

Amol Gopal Kabra (CA,CS,DISA) (Expert)
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12 December 2009 Section 194C covers provisions for TDS on Contract. Under the Categories covered for contract, it contains the following category

"Carriage of goods and passengers by any mode of transport other than railways"

So in this case, the expenditure incurred may come under the purview of the TDS.

Further the section specifies that the contract can be written, oral or even implied also.
It seems from the given case that the firm has paid huge amounts on travelling expenditure to traveller. This may amount to an implied contract and the firm shall have to deduct Tax at source on such expenditure.

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