tds on lorry hire charges - sec 194 C

This query is : Resolved

CA.VIKRAM RANKA (Querist)
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24 June 2008 One person runs a carriers business i.e transports the goods from one place to another.
in this business he hires lorry to transport the goods, he pays amount of 25000 to one lorry person or aggregate pays above 50000.

As per tds 194 c , tds to be deducted. The proprietor is ready to deduct tax during payment of lorry hirer charges lorry owner but here the lorry person dont have pan number
& as per e-tds compliance requirement, 90% pan number should be available of the number of deductives, otherwise e-tds return will not be filed ( i.e cannot be filed since the software accepts when there is atleast 90% availabilty of permanent account number)

please advise in this case what to do since in above case nature of business is such that the lorry person has no pan number since they are not literate & they dont want to get in all this tax trouble and all. They even dont want anything to be cut from there income.

The tds amount will be bear by proprietor only but problem is he cannot file the return

you can email me on vikram_ranka2000@yahoo.com