Tds related question

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

17 January 2013 Plz someone help me – we are manufacturing our product on jobwork (loan lic.)base in other state we have a permission from that state FDA department for manufacturing our product & plant registration too - they ( parent firm - jobwork provider) appointed supervisory person for supervision of our product on our behalf & they paid salary to him & raised us debit note for the paid salary - my question is that tds is applicable as a contractor or we consider that debit note as a salary payment.

Amol S Joglekar

Amol S Joglekar (Expert)
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17 January 2013 Who is this THEY?
The payment is made at whose instance?
If job work giver has appointed... it is salary.
If it is part of LLA.... 194C will be applicable

CA Prashant Gupta

CA Prashant Gupta (Expert)
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17 January 2013 I believe that person is not on your pay roll so salary is not there.
now your payment to him is form of contract. so 194C is applicable.

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