Tds on transporters

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Querist : Anonymous

Querist : Anonymous (Querist)

23 January 2013 Could somebody let know about the CBDT circular / notification no. in which it is specified that there would be no TDS on transportation charges paid if the transporter is having valid PAN. Please help, its urgent.

CA PRAVEEN SINGH

CA PRAVEEN SINGH (Expert)
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23 January 2013 No TDS on Transport Contracts, if PAN is provided

As per the amended section 194C, through Finance Act (2) of 2009, No deduction shall be made from any payments made to a contractor during the course of business of plying, hiring or leasing goods carriages, on furnishing of his PAN to the deductor.

This new subsection 6 of 194-C makes such transport contractor to compulsorily provide PAN to the Deductor, failing to which TDS will be made by Deductor as per 194C.

Applicability
This provision is applicable on payments made from October 01, 2009 to March 31, 2010. Such scenario should be determined by checking whether the Deductee has provided his PAN to the Deductor, during the payment.

New returns for such information
Deductor should furnish a separate return containing the details of Transport Contractors, who have provided PAN and TDS has not been made in accordance to subsection 6 of 194C. CBDT would be prescribing the format for such return and the methodology to file such return shortly. However it is expected to be one time activity for the Deductor to furnish these details after 31/03/2009, containing the information of all 6 Months.

End date of such provision
Even though the date 31/03/2010, the end date for this provision is not specified in amended 194-C section, the Financial budget documents of 2009, clearly indicated its termination by such date. It is expected that the forthcoming finance act 2010, will amend the section by removing the sub sections 6 and 7 of 194C.

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CA Prashant Gupta

CA Prashant Gupta (Expert)
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23 January 2013 please see sec 194C (6).
it is clearly mentioned
no need of circular as it is in Act and nobody can challange act :)

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