TDS Deduction on a fleet of cars.

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Shrinivas Jagtap (Querist)
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23 August 2010 We are having a contract to provide us a fleet cars (total 10 vehicles) dedicated to us. The contract also provides for having a car available to us on call basisi and this cars are separate and not dedicated. For cars on call basis the seperate bill is given to us.

The specific query is that under what section the TDS will be deducted for dedicated vehicle and for call basis. I have heard that for dedicated vehicles TDS will be there u/s. 194 I @ 10 % and for others u/s 194 C @ 2 %. Kindly advise what is the correct as per law ?

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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23 August 2010 TDS need to be deducted u/s.194C only, since it is contract only, not hiring of P&M

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Shrinivas Jagtap

Shrinivas Jagtap (Querist)
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24 August 2010 Dear Sir,

Thank you for your kind reply. But in a seminar I heard that if the cars is dedicated one then TDS would be u/s 194 I @ 10 %. For this one High Court decision has been quoted. So kindly clarify whether High Court decision can be applied.

Aditya Maheshwari

Aditya Maheshwari (Expert)
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24 August 2010 Could u please quote the high court decision or the name of the case or its citation.

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CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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25 August 2010
this link will be useful to you

https://www.simpletaxindia.org/2008/08/tds-on-car-rent-taxi-charges.html

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