09 October 2009
Well would deduction of ESIC @ 6.5% on labour make your opinion any different? As the client contends that it would be double paymnt to Government?
27 July 2025
Here’s the clarification on **TDS on labor charges for repairs when ESIC is also deducted**:
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### 1. **TDS on Labor Charges for Repairs**
* Yes, **TDS is deductible** on payments to contractors (including labor charges) if the payment **exceeds Rs. 30,000 per transaction or Rs. 1,00,000 in a financial year** under **Section 194C**. * The presence or deduction of ESIC does **not exempt** the payer from deducting TDS.
### 2. **ESIC Deduction**
* ESIC (Employee State Insurance Corporation) deduction at 6.5% is a **statutory social security contribution** payable by the employer on wages paid to employees. * It is **different** from TDS, which is a tax deduction at source.
### 3. **Is it Double Payment?**
* No, deduction of ESIC and TDS are **two separate obligations**:
* ESIC is a contribution towards employee’s welfare. * TDS is a tax deducted on payments made. * Both need to be complied with **independently** as per law.
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### Summary:
Even if ESIC is deducted on labor charges, **TDS deduction under Section 194C is still applicable** if threshold limits are crossed.
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If you want, I can also help you with the exact thresholds and rates for TDS under 194C!