TDS on payment received by C F Agent

This query is : Resolved

CA Sanjay Baheti (Querist)
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09 August 2010 C F Agent receives lumpsum fixed amount every month from company being his remuneration towards his expenses, Rent and other office expenses. Whether this amount is suject TDS under section 194C or 194H.

CA. BIJENDER KR. BANSAL

CA. BIJENDER KR. BANSAL (Expert)
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09 August 2010 TDS has to be deducted under section 194C for contract work. In case the CHA gives combined bill for reimbusements and service charges, TDS has to beducted on whole bill. However,if separate debit note is issued for reimbursements and service charges bill is issued separately then TDS is applicable on the bill amount only and not on the debit note

CMA. Subhash Kumar Jha

CMA. Subhash Kumar Jha (Expert)
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09 August 2010 In my opinion, these payments represents "Service charges " & accordingly TDS will be applicable under 194 C.

However, part of this payment can be said to be a reimbursement of out of pocket exp on behalf of the customer. On this payment TDS will not be applicable.

Basic requirement is Two separate bills are required to be issued by the C F Agent > one for service charges & other for reimbursement of out of pocket exp.

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