tds on THC charges

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hemant (Querist)
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16 October 2010 We are exporters. we receive bill from CHA agent. In bill CHC takes reimbursement of Ocean freight and also charges THC charges and document charges.He charges service tax on THC charges and Document charges only. Whether we should deduct tds from the bill of CHA agent?? IF yes, then on which amount?? kindly reply soon.

Vinod Kumar Mathuria

Vinod Kumar Mathuria (Expert)
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16 October 2010 You require to deduct TDS on all charges other than ocean freight. subject to following condition :

1.if ocean freight charges belong to export of goods etc. the provision of TDS is not applicable as the income of such shipping comapny will be taxed under section 172.

2.if ocean freight charges belong to import you need to take nocof income tax department in this regards as the income tax authority is issuing noc to non resident shipping comapny specifying the name of vesel which is operating in international traffic as per DTAA agreement. hence TDS only be charged other than ocean freight.

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taxindiaconnect

taxindiaconnect (Expert)
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16 October 2010 Agree with vinod that in case of ocean frieght TDS is required to be deducted. For ocean freight provisions of section 172 Apply.

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