TDS - Surcharge Is it respective of Sections?

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This query is : Resolved

Vijayaganesh Sampathkumar (Querist)
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15 May 2008 Suppose i am an assessee, having transactions with a Vendor ABC. Some transactions of the vendor falls under section 194 (C) and some others fall under Sec 194 J. I regularly deduct TDS.

Suppose i have transactions worth Rs.6 lacs under sec.194 (C) and another Rs.5 lacs under Sec.194 J with the same vendor?

Am i required to deduct Surcharge on TDS on all future transactions, since the cumulative transactions with the vendor has crossed 10 lacs?

Or should i wait for the transaction amounts to exceed Rs.10 lacs under each section, to deduct Surcharge on TDS.

Can any one please clarify? I would really appreciate it.

CA. Yayati Tyagi

CA. Yayati Tyagi (Expert)
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15 May 2008 in my opinion, surcharge is assesse-specific not the section-specific, you will have to charge surcharge if total payment to a contractor exceeds 10 lacs.

CA Hemant T Dewani

CA Hemant T Dewani (Expert)
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16 May 2008 if you are paying Rs.10 Lakhs or more in a perticular f y to any individual then surcharge is to be deducted because payments are in excess of rs 10 lakhs it is not important payments are made in different sections

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