Tds

799 views

Save Share

Neeraj Kumar Giri

ACCOUNTANT

151 Points Posted on 08 September 2014

Respected Experts,

Under which section of Income Tax Act, TDS should be deducted by the receipent of service if any body providing taxable service under "Supply of Tangible Goods Services", What is abatement rate in "Supply of Tangible Services". Is there any provision in law which gives power to Commissioner to grant abatement in any head.

Thank You.

Replies (3)

Vikas

1245 Points Posted on 10 September 2014

There is no abatement for such services under Service tax law.

An abatement is granted under law, and no Commissioner can grant an abatement, if the same is not prescribed under law.

TDS depends on the exact nature of service, could be 94C or 94I.

Neeraj Kumar Giri

ACCOUNTANT

151 Points Posted on 11 September 2014

Respected Vikash Sir, If I provide the services of Truck and JCB machine to factory, in contract basis, then under which section should the receipent of service should deduct TDS. As per my nature of business the receipent should deduct TDS u/s 194I but they have deducted the TDS amount u/s 194c.

Then under which category i fall. Contrator or Transporter.

Thank You.

Vikas

1245 Points Posted on 11 September 2014

Dear Neeraj, Even though this is a service tax forum, I would attempt to elaborate on this point. As per my knowledge, renting of machinery should attract TDS u/s.194I. Therefore, if the contract is purely for renting of machineries then only 194I. Whereas, if it involves a contract for excavation using JCB or for transportation of good by Truck then it shall attract 194C. This is my interpretation but I would suggest you to cross verify the same.