I placed an order for purchase of elevators and erection of the same, one with purchase order and another with work order respectively with same company. Seller also raised different invoices for the same. Now my assessing officer's contention is that this is work contranct and we should deduction TDS on the total value i.e purchase+erection. Please suggest what logic, case law, i should produce before him?
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Dear Vikas
If you issue different Purchase order to concerned party for the supply of material & erection of same , then you are at the safer side. And if PO is one then prepare the same PO seprately fro eacg job.
You just show the seprate PO which is issued to party as well as bill raised by party to AO.
On the bill of supply, VAT or CST must be shown in the bill then you show the AO that you are paying the VAT/CST to party & for the bill of erection you just show him the TDS cerficate along with the document which proves that on erection bill you have deducted the TDS . Then might be AO is satisfied with these documention & presentation.
Hope my opinion helps you little.
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