Query for tds u/s 194c

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Assessee being a trust entered into a contract for purchase of carved marble while constructing a temple. is carving of marble known as manufacture or supply of product as per 194c. Trust does not provide marble to contractor?
Replies (7)
it is purely a transaction of purchase of goods and doesn't fall under ambit of TDS Provisions
its a product if its not specially designed for the trust...

if the assessee gave specifications regarding the design of the marble then only 194c will be applicable on Labour cost..
its a contract for manpower supply...tds will be deducted u/s 194C
194C Applicable if Marble is Carved is as per Trusts requirements/Designs. Else no need to deduct TDS.

If any order is for specific requirement and include both service and materials tds should be deducted on whole bill amount.

TDS applicable only when goods and service take in the bundle. if there is any specification in good delivered then also requirement of deducting TDS.

Meaning of Work  ‘work’ shall include 

  • advertising;
  • Broadcasting and telecasting including production of programmes for such broadcasting or telecasting ;
  • carriage of goods or passengers by any mode of transport other than by railways; 
  • catering ; 
  • manufacturing or supplying a product according to the requirement or specification of a customer by using material purchased from such customer , but 
  • does not include manufacturing or supplying a product according to the requirement or specification of a customer by using material purchased from a person, other than such customer .

Does the exception fall in favour of the trust?


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