Tds & service tax

This query is : Resolved

Ashutosh Kumar Jha (Querist)
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24 January 2015 1) A company is hiring 4 wheeler on monthly rental basis and in addition to the rent it provide fuel as fixed for per KM basis.

Now the question is...

Is TDS is required to deduct on this payment? If yes, then on what amount and under which section- sec 194C or sec 194I?

2) If a company has already registered in service tax then is it required to amend its registration if some payment is required to made under reverse charge mechanism of service tax?

Please help................

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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24 January 2015 The main paper which will decide the issue is contract agreement and issue will be decided mainly on the basis of the term of agreements and if there are slight differences from contract that can be ignored.TDS on hired vehicle for fixed amount is covered under section 194C and not section 194I.
No amendment of registration is required for reverse charge mechanism. While filing half yearly return fill reverse charge payments separately in the column provided.

Rupesh Jain

Rupesh Jain (Expert)
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24 January 2015 you have to deduct the tds u/s 194C and if you want to add new services for that we can amend the services.

Ashutosh Kumar Jha

Ashutosh Kumar Jha (Querist)
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24 January 2015 Thank you both of you for your quick reply sir.

No contract has been entered b/w the party. Only a letter has been issued to the vehicle provider with all condition mentioned in it.......

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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25 January 2015 The letter you have issued with conditions itself is a contract(acceptance of offer).

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