TDS on payment to transpoter

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Kishan L. Agarwal (Querist)
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03 September 2007 What are the implications of not deducting TDS form payments to Carriers? If not deducted is there any way out?

CMA Gul S

CMA Gul S (Expert)
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03 September 2007 TDS to Carriers is needed for

1. Payments to clearing and forwarding agents
2. Payments to couriers
3. Payments to transporters

Implications for non deductions

If a person fails to deduct tax at source, or, after deducting, fails to pay the tax to the credit of the Government, he shall be liable in accordance with the provisions of section 201(1A) to pay simple interest at fifteen per cent per annum on the amount of such tax from the date on which such tax was deductible to the date on which such tax is actually paid. Further, section 271C lays down that if a person fails to deduct tax at source, he shall be liable to pay, by way of penalty, a sum equal to the amount of tax not deducted by him. In this regard, attention is also invited to the provisions of section 276B, which lays down that if a person fails to pay to the credit of the Central Government within the prescribed time the tax deducted at source by him, he shall be punishable with rigorous imprisonment for a term which shall not be less than 3 months but which may extend to 7 years, and with fine.