CHARTERED ACCOUNTANT
24 Points
Posted on 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.
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194 C
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194 I
To decide under which section it should be covered we have underlined some major points
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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
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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
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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)
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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
Read more: https://www.simpletaxindia.net/2008/08/tds-on-car-rent-taxi-charges.html#ixzz21C0mKgzK