TDS under section 194C

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

10 September 2010 A Indian Branch make payment on behalf of Indian Head office without deducting TDS u/s 194C and later sent debit note of the amount paid to contractor for the same amount.

Who will be at default brach or head office and who is later required to deposit the same to avoid penal charges

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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10 September 2010 Branch will be the default, But Since the branch the it will affect the H.O & Branch as whole in a one organisation, Penal charges canbe paid by either side

CMA. Subhash Kumar Jha

CMA. Subhash Kumar Jha (Expert)
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10 September 2010 The section is very clear : Its the payer , who will be responsible. So.. it will be branch office.

194C. (1) Any person responsible for paying any sum to any resident (hereafter in this section referred to as the contractor48) for carrying out any work48 (including supply of labour for carrying out any work) in pursuance of a contract between the contractor and a specified person shall, at the time of credit of such sum to the account of the contractor or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct an amount equal to—
(i) one per cent where the payment is being made or credit is being given to an individual or a Hindu undivided family;
(ii) two per cent where the payment is being made or credit is being given to a person other than an individual or a Hindu undivided family,
of such sum as income-tax on income comprised therein.

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