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Tds on ocean freight and other charges

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(Querist)
10 July 2013 A Clearing and forwarding agent is charging Ocean Freight + Demurrage and port handling charges + Misc charges on Export in his bills.
The agent is an indian company.
What are the TDS provisions applicable??
Whether TDS will be applicable on Ocean Freight???
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CS,CA F,Numrologi TusharSampat

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CS,CA F,Numrologi TusharSampat (Expert)
10 July 2013 Refer sec 194C.
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Ganeshbabu K

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Ganeshbabu K (Expert)
11 July 2013 TDS NOT APPLICABLE 194C:

All the above said expenses was Generally re-reimbursement in nature by providing original bills paid by him and Hence TDS not applicable...if Separate invoice available for all these expenses Then TDS Not applicable..As per CBDT Cir.715 dated 08.08.1995

And TDS will be applicable on his service charges ONLY.

TDS APPLICABLE 194C:

But if you have an agreement/contract with clearing agent to clear goods irrespective of original expenditure incurred by him Then TDS is Applicable on this transaction

Thanks & regards
Ganesh babu k
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