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Is TDS required from mere transportation payment

TDS / TCS 2266 views 10 replies
Whether TDS is required to be deducted from the payments made to transportcontractors if it is not a composite contract including loading and unloading.That is whether we have to deduct TDS from the transportation paymentmade to made to a transport vehicle owner if no loading and unloading is attached with the contract. Ref:are- Bombay Goods Transport Association v. CBDT [1994] 76 Taxman 334/210 ITR 136 (Bom.),And Madras Bar Association v. CBDT [1995] 216 ITR 240 (Mad.)., Sethi Transport v. CBDT [1997] 226 ITR 274 (Ori.).
kindly clarify whether we can rely on the referred cases.
Replies (10)
Finance Act 1995 has inserted specific explanation in section 194C to get over the effect of the above case laws mentioned by u. Thus Tax is required to be deducted on the above transaction.
NO , the same stands superceded by legislatve amendments
YES, TDS DEDUCTION REQUIRED AS PER ACT
now tds is appliacble. read 194 C
now tds is appliacble. read 194 C
now tds is appliacble. read 194 C
WHAT SHOULD BE THE RATE OD TDS FOR THE ABOVE CASE
Rate will be 2.06%
TDS is to be deducted u/s 194C for the transportation contract. Rate will be plus surcharge plus cess (if surcharge is applicable)
thank you


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