Wct tds in kerala state -section 10 of kvat

This query is : Resolved 

23 June 2013 Hi all,
We have awarded works contract for our new outlet in kerala to our routine vendor who is register in Tamilnadu.
will the provision of WCT TDS apply on this transaction in state of kerala ?
What does section 10 of KVAT is talking about ?

24 June 2013 Yes. sec.6 levy of tax on sale or purchase of goods at Kerala will apply for

Every dealer whose
total turnover for a year is not less than ten lakh rupees and every importer
or casual trader or agent of a non-resident dealer, or dealer in jewellery of
gold, silver and platinum group metals or silver articles or contractor or any State
Government, Central Government or Government of any Union Territory or any
department thereof or any local authority or any autonomous body whatever be his
total turnover for the year, shall be liable to pay tax on his sales or purchases
of goods as provided in this Act

24 June 2013 Ms Dipti warekar,
First your contractor has to register in Kerala VAT Act. You have to deduct 10% of the gross amonunt payable to the contractor. If the contractor wishes that no excess tax is to be deducted from his payments he should produce a cerificate from his assessing authority/LVO on his correct liability and the rate at which TDS is to be made. This deducted tax is to be deposited to the Govt treasury by 5th of next month,failing which penalty and interest will be leviable. You have issue a certificate to your contactor on the amounts deducted by you with bill details. See rule 42 also for forms etc.....mjk

07 July 2013 Hello again,
Do the above transaction liable to tax under CST also ? as vendor is provided us bill with CST ,it wont be double taxation?
Please comment.
Dipti

07 July 2013 It is not known as to the nature of contract given to your vendor. If he brings all the required material from TN and completes the work in Kerala,then you need not do any TDS for it,as in this case your contractor is not liable to pay any tax to Kerala govt.If the same vendor makes purchases in Kerala to do your work then he has to take up registration in Kerala VAT Act and you have to do TDS.Your vendor can issue a CST bill only when all the material are brought from TN for the work. ....mjk

07 July 2013 Thank you for valuable input sir.
It is civil work contract & Vendor is buying most of material from Kerala only & as it is one time contract for him he is not ready to take registration in kerala & we have deducted his WCT tds also but as he registered in tamilnadu heis charging CST for this transaction & i just want to confirm is this right taxation on part of vendor.
Thanks


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