TDS applicability on supply and installation of software

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One of my client is involved in Toll collection. It has entered into a contract with a vendor for supply and installation of toll collection software at the respective toll plazas.

The vendor provides invoice on periodical basis claiming completion of proportion work done at the toll plaza. The vendor attaches a Bill of Quantity statement to the invoice stating the exact work done. This statement is certified by my Clients toll supervisor. The Bill of Quantity details clearly identify the amount of material supplied and also the installation work undertaken by the vendor. Thus I am of the opinion that, since the document identifies the material cost and installation cost seperately, my client should deduct tax u/s 194C on the identified installation charges. Further, the installation charges are 11% of the total contract value which runs into crores of rupees.

Please guide me on the same, since the client is reluctant to deduct tax on the amount.

Regards

Replies (4)

My dear friends

it is cleared that the tds has to been deducted u/s 194C

but as per my view the tax to be deducted on the installtion value bcoz the amount has been seperated in the bill as material cost & installtion cost 

& there is no provision in the tax which says that the tax to be deducted on the materials cost for the material supply by the person.

TDS will be deducted according to periodic bill raised by your company on only installation amount. because  as per section 194C tds will be deduct on only work contract.

 
In aboveQurey, If threr is no seperat bill( i.e supply & installation) than TDS will be deduct or not.

If threr is no seperat bill( i.e supply & installation) than TDS will be deduct or not.


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