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Tds on payment paid to transporter

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Querist : Anonymous

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Querist : Anonymous (Querist)
13 June 2015 Dear Sir,
If Mr. X hires trucks form Mr. Y and supplies to a private company and company pays hire charges to Mr. X. Whether tds is required to be deducted on amount paid to Mr. X if he is not having his own truck?
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CA John Abraham Austin ACA

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CA John Abraham Austin ACA (Expert)
13 June 2015 Only the nature of payment is important in TDS.
Even if he is not the owner of the truck, the payment you are making to him is in the nature 'payment to contractor', you have to do TDS on it u/s 194C.
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Querist : Anonymous

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Querist : Anonymous (Querist)
15 June 2015 Sir please provide any supporting for the above answer
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CA John Abraham Austin ACA

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CA John Abraham Austin ACA (Expert)
16 June 2015 Please read section 194C of the Income Tax Act, 1961. It specifies, 'in the nature of'. And not the criteria of ownership.
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