Tds related

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RAJKUMAR

RAJKUMAR (Querist)
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23 March 2015 Hi, anyone can help me!!!

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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23 March 2015 Applicable TDS has to be deducted.
194-I 10%.(If Berth classified as plant and machinery 2%).
194-J 10%.
194-C 2%.

RAJKUMAR

RAJKUMAR (Querist)
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23 March 2015 seetaraman G, Berth is a place not any plant mechanery.

My query is, i have to deduct as per individual items in the bill or in gross amount i can deduct TDS by some rate?

please suggest me by some supporting case laws or Income Tax sections.

above all items are charged in single Bill by separate head items.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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23 March 2015 You have to deduct individual items as per bill. Then only you are complying with the requirements of TDS sections.

RAJKUMAR

RAJKUMAR (Querist)
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23 March 2015 Do you have any supporting Case Laws to support your reply?

Because i have to answer my Boss with relevant supporting and now they are charging 2% assuming contract Basis due to multiple of service provided by them.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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23 March 2015 Question 29 : Whether a maintenance contract including supply of spares would be covered under section 194C or 194J of the Act ?
Answer : Routine, normal maintenance contracts which include supply of spares will be covered under section 194C. However, where technical services are rendered, the provision of section 194J will apply in regard to tax deduction at source

See the link.
https://www.itatonline.org/articles_new/wp-content/files/s_194C_controversies_solutions.pdf

RAJKUMAR

RAJKUMAR (Querist)
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23 March 2015 seetharaman g,

The details you have provided is all related to debate regarding which TDS rate applicable but we have clear TDS rate. The Problem is all items charged in single bill and we have to deduct TDS on the single bill by same uniform rate of different rate as per each individual Items charged on a bill.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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23 March 2015 I am saying about the practice followed in our company. You can check with other customers of Vizack port trust.

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