TDS LIABILITY

TDS 5759 views 7 replies

HI FRIENDS!!!

KINDLY CONSIDER THE FOLLOWING CASE

SUPPOSE MR A MAKES PAYMENT TO MR B FOR A BILL IN INSTALMENTS BEFORE THE BILL DATE

Rs 10000 ON 18.11.09

Rs 15000 ON 20.11.09

AND BILL DATE IS 22.11.09 OF Rs 25000.

I WANT TO KNOW WHETHER IS THERE ANY LIABILITY OF DEDUCTION OF TDS...

KEEPING IN MIND THAT

A.   TDS HAS TO BE DEDUCTED AT "DATE OF PAYMENT OR CREDIT WHICHEVER IS EARLIER" AND AS PER PROVISIONS OF ACT

B.     (3) No deduction shall be made under sub-section (1) or sub-section (2) from—
(i) the amount of any sum credited or paid or likely to be credited or paid to the
account of, or to, the contractor or sub-contractor, if such sum does not exceed
twenty thousand rupees:

 

THNX

Replies (7)

tds liability  arise in the following case....

tds will be deducted because cummulative bill amount is more than thresh hold  limit. does not matter whether  payment made in installment or other wise

TDS Liability arises in your case as the Single Invoice amount is Rs.25000/-, (No matter that the payment are made in installments), but in order to get releived from TDS Liability one can take two different invoices for which the single invoice amount will be less than Rs. 20000/-(Rs. 30000/- w.e.f 01.07.2010)  and the contract amount for the year does'nt exceeds Rs. 50000/- (Rs.75000/- w.e.f 01.07.2010)

The views expressed by the L'd members above are absolutely correct

Agree with Vivek Angrish. As the amount on the invoice is Rs. 25,000/-. The liability for TDS deduction arises irrespective of its installments payments.

Dear Ravi,

The amount of Rs.25000/- is billed in a single invoice and which is more than the exempted limit of  Rs.20000/-,

thus the Tds @ 2% (1% if the contractor is an individual) is applicable on the bill, irrespective of the payment mode, whether the payment is made in installments or lumpsum. Hence, to avoid the Tds in this case, you can ask for two invoices for the said amount, keeping in mind that no invoice is billed for more than Rs.20000/-

 

-Srinath

Q. TDS deducted on Payament of contractor Exceeds in a year Rs. 75000.

     suppose work done till jan Rs. 74000 and Rs. 2000 work done in feb.

    liabilities on deducted tds arise but interest on tds is applicable. on total Rs. 76000 ?

    on the basis of amt. credit or paid whichever is eairlier person will liable to revised the tds return or. not.?

 


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