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Tds on labour on composite bill

This query is : Resolved 

28 September 2013 i have receive a bill of repairing of plant. and the invoice is as follow
Parts And Material:36000
Labour Charges: 2500
---------
38500/-
---------

Now my senior said that there is liability of deduction of TDS as bill amount is more than 30,000.
But In my opinion there is no liability of deduction of tds as material value and labour value is shown separtley in the invoice.and amount of labour does not exceeds Rs 30000( section 194 C limit)

29 September 2013 It presumes basically a repairing work and shall be treated as repairs & maintenance contract and not supply contract, where the contractor has to raise the bills separately for material portion and service portion to calculate the actual application of TDS. since invoice is raised both together in single invoice, hence my opinion also TDS will apply on total invoice inclusive of materials part, unless he raised the invoice for labour portion separate invoice

08 October 2013 thanks sir for your opinion


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