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TDS on car hire charges

Page no : 2

CMA Gul S (Program Manager) (5910 Points)
Replied 01 October 2007

194C is correct for CAB Payments

razvi_fca (22 Points)
Replied 06 October 2007

dont go by just section if car is provided with driver it will in nature of 194 c as same is in nature of payment to contractor. how ever car is taken as such and driver is appointed by Ur comapny TDS on rent(194 I) will be deducted.

sanjeev (Manager- Accounts/Tax/Finance)   (229 Points)
Replied 06 October 2007

Earlier TDS may either be deducted under section194C or 194I on vehicle hire charges. But there has been an amendment made by Finance Act recently which results in deducting the TDS On above Exp under Section194I. Hence your auditor is correct.

(Guest)
Dear Friend It is depend on agreement made between company & car owners.If company paid regularly & charge basis is not a passenger basis but it is a day or hour basis irrespective of nos. of passenger would take journey on behalf of company then it should attract TDS under Section 194 I other wise on passenger basis it is a contract on per passenger basis & it would attrcat TDS u/s 194C

(Guest)

can i know % of TDS tobe deducted on car hire charges



(Guest)

What is exact rate For deducting TDS on rent a cab service ?


raju Phatak (Accounts Officer) (31 Points)
Replied 22 November 2010

we are having Hired Sumo for Pickup and Drop of Staff Member How much TDS Should Apply on the services


shailendra (Accounts Executive ) (128 Points)
Replied 24 November 2010

If a car is leased for, say, a year and is under the control of the company and it is the company’s responsibility to run and maintain it, the payment would be in the nature of rent and Section 194-I would be applicable otherwise it comes u/s 194-C.


In your case, I think, the auditor is wrong because in your case car is hired for specific purpose and there is tds applicable u/s 194-C.


CA Kunal Mishra (Consultancy Service) (172 Points)
Replied 01 June 2011

I think Sunil sir is Absolutely correct on his view.


RAIZADA VISHAL DATTA (CHARTERED ACCOUNTANT) (24 Points)
Replied 21 July 2012

Today We are touching very sensitive issue i.e under which section TDS on hire charges of car/taxi etc should be covered ,so before reading and implementing on this issue ,we would like to clarify here that we are giving our opinion on the issue only.If some one has different opinion or any issue left unattended ,please record your views in comment section.
 
TDS on hire charges of taxi/car charges may be covered under two section.Its all depends upon details of the contract between taxi owner and user.
  1. 194 C
  2. 194 I
To decide under which section it should be covered we have underlined some major points
  • Taxi on specific job:when ever taxi or any other vehicle booked for a specific Job like giving a contract to take employees from home to office and office to home .In these type of work a specific job has been assigned to vehicle and vehicle has not been hired as such so it should be covered u/s 194C and not under section 194I
  • Control of owner of vehicle:In most of the time vehicles are hired with driver and control of the vehicle remain with the owner of the vehicle through driver,but this is not the deciding factor at all though its a point to be considered,whenever the control of vehicle remains with the the owner of the vehicle then it generally means that vehicle is specific job and not hired as such ,so deduction should be under 194C .but some times vehicle with drivers are also hired without specific jobs in that case person who has hired the vehicle can travel on it any where thought there may be some restriction but point is that no specific job has been assigned ,so in this case it will be covered under section 194-I. Same has been held by  Chattisgarh State Electricity Board vs. ITO (ITAT Mumbai) Read more: https://www.simpletaxindia.net/search/label/SEC%20194%20I#ixzz1x4FT2b4U
  • Contract agreement:The main paper which will decide the issue is contract agreement and issue will be decided mainly on the basis of the term of agreements and if there are slight differences from contract that can be ignored.TDS on hired vehicle for fixed amount is covered under section 194C and not section 194I.(read case law here)
  • Running & maintenance :If running & maintenance expenses like petrol,repair etc has been incurred by the person who has hired the vehicle then we can say that it should be covered under section 194-I
 



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