Tds liability
This query is : Resolved
abhishek jain
(Querist)
08 July 2015
Dear Sir,
"Person" is giving cement to a manufacturer of readymix concrete. Manufacturer is applying VAT on the other materials which it adds for manufacturing of readymix concrete. Readymix concrete is produced as per the specifications given by the "Person" who is giving the cement. My query is, whether TDS will be deducted on payment to the concrete manufacturer?
"Person" is giving cement to a manufacturer of readymix concrete. Manufacturer is applying VAT on the other materials which it adds for manufacturing of readymix concrete. Readymix concrete is produced as per the specifications given by the "Person" who is giving the cement. My query is, whether TDS will be deducted on payment to the concrete manufacturer?
08 July 2015
if material is supplied by manufacturer for works contract then no tds is applicable
abhishek jain
(Querist)
08 July 2015
Sir,
Please tell that according to which section or circular, TDS in not applicable on Works Contract.
Please tell that according to which section or circular, TDS in not applicable on Works Contract.
08 July 2015
refer sec 194C and definition of works contract in that
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abhishek jain
(Querist)
08 July 2015
Sir, but as per sec 194C and definition of "Work", it is mentioned that provisions of sec. 194C are applicable.
08 July 2015
there are many case laws on same u can check it in book by vk singhania for same
abhishek jain
(Querist)
08 July 2015
Sir, can you please provide the name of some case laws or link to them.
09 July 2015
Please refer Section 194C(3)(i). TDS to be deducted on value excluding the value of material, if such value is mentioned separately in the invoice and therefore no TDS on VAT which is charged on Material.
TDS to be deducted on whole of the invoice value, if the value of material is not mentioned separately in the invoice.
Link:
https://www.incometaxindia.gov.in/_layouts/15/dit/Pages/viewer.aspx?grp=Act&cname=CMSID&cval=102120000000041123&k=&IsDlg=0
TDS to be deducted on whole of the invoice value, if the value of material is not mentioned separately in the invoice.
Link:
https://www.incometaxindia.gov.in/_layouts/15/dit/Pages/viewer.aspx?grp=Act&cname=CMSID&cval=102120000000041123&k=&IsDlg=0
09 July 2015
Abhishek Ji you may also check out the discussion from link given below:
https://www.caclubindia.com/experts/tds-on-vat-invoice-2018424.asp
https://www.caclubindia.com/experts/tds-on-vat-invoice-2018424.asp
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