Query on tds ,service tax

TDS 796 views 2 replies

Hi All!

I am a contractor & supplier. I have my own tippers (machinery). I want to give it to a firm on RENT . They will carry materials for their own work.

My Query:-

1. TDS  deduction will fall under which Section 194C or 194I

2. In case it is 194I, the threshold limit is 180000/- p.a.. What if I bill 150000/- from one  party for a year and 80000/- to other party. Will the respective partiesstill deduct TDS ?

3. Am I liable to collect or pay Service Tax, since I am not service provider or a goods transporting agency.

 

Thanks in advance....

Replies (2)

Mukeshh,

1) TDS in your case would fall under section 194I.

2) TDS is to be deducted by the payer if the amount paid exceeds the threshold limit, so in case of 2 parties, none cross the threshold limits and hence not liable to deduct taxes.

3) Renting of immovable property attracts service tax under the classification of "Renting of immovable property"

Ankit,

Tipper is a Movable Asset, so service tax might not be applicable I guess.

Secondly, regarding 194C or 194I , I have been thru various articles :-

https://www.taxmanagementindia.com/visitor/detail_article.asp?ArticleID=95

https://www.simpletaxindia.net/2008/08/tds-on-car-rent-taxi-charges.html

 

- I am of the view that , 194C will be applicable if the nature of work/job is defined & specified

For example, if the agrreement or bill specifies like :

 

RENT OF TIPPER FOR THE MONTH OF APRIL 2012 : 190000/- . => 194I

TIPPER HIRE RENT FROM  POINT A TO B  500 TRIP @ 400 : 200000/- => 194 C

 

- If the control of assest and expenses are beared by the Owner, it will fall under 194C and if

  the  control is with the hirer it shall be 194I

 

Experts, am I right ?? Feedback appreciated.

 


CCI Pro

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