To decide which section of TDS to be apply

This query is : Resolved 

17 June 2010 One party enter in to numerous transaction with Agent, who provide Clearing and Forwarding Service which section of TDS Provision will be apply
1) Either 194H
or
2)194C

17 June 2010 Based on the nature of service provided by the party TDS section will vary

17 June 2010 Refer Circular No. 715 dated, 08/08/95

In answer to question No. 6, it has been stated that : -

"As regards payments made to clearing and forwarding agent for carriage of goods, the same shall be subjected to tax deduction at source under section 194C of the Act"

In my view, 194C applicable.

Nature of transaction, rather than number of transactions, is relevant for deciding the applicability of TDS provisions.


17 June 2010 194C WILL BE APPLICABLE

21 June 2010 In my view, 194C applicable.


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