Tds for local transport

TDS 2979 views 10 replies

Respected Sir,

            In our partnership firm located in Kerala, we are directly paying Transportation Charges to the Road Transporter for carriying goods from Gujrat, should we deduct TDS?

Replies (10)

if the payment made is greater than Rs.30,000/- per bill or Rs.75,000/- in agregate then you should deduct tds under sec 194C.

Thanks Arjun Sir, but our Transporter provides PAN, even deduct TDS?

It is Sec. 194C(6): "(6) No deduction shall be made from any sum credited or paid or likely to be credited or paid during the previous year to the account of a contractor during the course of business of plying, hiring or leasing goods carriages, on furnishing of his Permanent Account Number, to the person paying or crediting such sum." 

If recipient is Transport Operator and furnishes PAN then no tax is to be deducted. you should pay full amount without deducting TDS.

Originally posted by : ARJUN ASHOK
If recipient is Transport Operator and furnishes PAN then no tax is to be deducted. you should pay full amount without deducting TDS.

agree\

 

Agrred sanket...no need to deduct tds on that...

what is logic of furnishing the pan number in transport invoice for non deduction of tds ?
 

Agreed with Arjun Ashok TDS not deducted if PAN is printed on invoice issued by transporter.

Finance Act 2009 has made an important change in respect of applicability of TDS on transport contractors. 
 
Section 194C has been replaced and the following two sub sections provide for non deduction of TDS on transport contractors 
 
(6) No deduction shall be made from any sum credited or paid or likely to be credited or paid during the previous year to the account of a contractor during the course of business of plying, hiring or leasing goods carriages, on furnishing of his Permanent Account Number, to the person paying or crediting such sum. 
 
(7) The person responsible for paying or crediting any sum to the person referred to in sub-section (6) shall furnish, to the prescribed income-tax authority or the person authorized by it, such particulars, in such form and within such time as may be 
prescribed. 
 
“goods carriage” means any motor vehicle constructed or adopted for use solely for the carriage of goods, or any motor vehicle not so constructed or adopted when used for the carriage of goods,” 

Condition for NIL deduction 
• Amount paid/ credited on or after 01-10-2009 
• To a contractor during the course of business of plying , hiring or leasing goods carriage 
• If the contractor furnishes valid PAN

Whether to include such transactions in eTDS statement

 A question arises if it is necessary to show such transactions in eTDS statement. 

• One way would be show these transactions in eTDS statement with normal rate and TDS amount as Zero. 
• Another way is not to show such transactions in eTDS statement, as a separate form will have to be filed in any case. 

If truck operator has 2 or less then 2 lorries then he can sumbit a declaeation to the deductor declaraing his pan and further the deductor will noy decduct tda there on . the deductor is requiredd to inform to income tax depart in prescribed from that he has not deducted the tds.


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