Composite TDS

TDS 1222 views 6 replies

During the audit I came across the following payments has been made to the vendor in the books of XYZ Ltd.

On 05/04/08 AC purchased                                            Rs. 2,00,000.00

On 05/04/08 Installation Charges paid                         Rs.     40,000.00

On 30/06/08 Repair Charges for old AC paid              Rs.       50,000.00

On 15/07/08 One AC taken on rent. Rent paid             Rs.        1,000.00

On 15/08/08 Rent for next month                                    Rs.         1,000.00

On 15/09/08 Rent for next month                                    Rs.          1,000.00

On 3/10/08  Other repairs                                                 Rs.           8,000.00

On 15/10/08 Rent for next month                                     Rs.           1,000.00

On 28/10/08 Rennovation expenses                               Rs.    20,00,000.00

On 15/11/08 Rent for next month                                      Rs.           1,000.00

On 15/12/08 Rent for next month                                      Rs.            1,000.00

Now the problem is in this account on which payments TDS is required to be deducted at what rate?

 

Replies (6)

In my opinion TDS is required to be deducted on the following payments:

    Installation Charges paid                                 Rs 40000/-

    Repair charges of old AC                                 Rs 50000/- and

     Rennovation expenses                                     Rs 2000000/-

What about TDS on Rs. 8,000.00 on account of other repairs & rental payments.

Also suggest the TDS rate applicable for each one of these.

In my opinion

TDS has to be deducted for Rennovation Expenses and Repair charges for old A/c @ 2.266%. 

 

Other repairs Rs 8000/- is less than Rs 20000/- which is the basic limit for Sec 194C as well as Sec 194J. If the vendor is one person, TDS is required for this Rs 8000 too. Rate may be 2.266% (194C). Kindly go through the transaction well and ensure that it is not professional charges. If it is professional charges TDS rate will be 11.33%.

renovation exp: wil be subject to TDS if the full amount is related to labour charges and nothing constitute towards supply of materials/ spares or Capital items. As regards other repairs of Rs 8000/- TDS shall become applicable if the bill  is part of multiple bills of the contractor exceeding Rs. 50000/- in the yr. Hence to be on the safer side it is better to deduct TDS on the amount. This is because of the view of Courts, that it is no part of the Tax deductor' s liability to ascertain Tax liability/ revenue of the payee. 

The rennovation contract is inclusive of the materials. than what?


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