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
1) Either 194H
or
2)194C
CMA Ramesh Krishnan
(Expert)
17 June 2010
Based on the nature of service provided by the party TDS section will vary
Shyam Lal Naik
(Expert)
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.
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
agree
CA Sanat Pyne
(Expert)
17 June 2010
194C WILL BE APPLICABLE
CMA Arif Farooqui
(Expert)
21 June 2010
In my view, 194C applicable.
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