Tds on clearing and forwarding expenses in case of importer

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Respected seniors and Dear colleagues,

I am facing a problem regarding tds to be deducted on services provided by a clearing and forwarding agent, please go through the below mentioned fact of the case and please help me ASAP...

FACTs OF THE CASE:

We are impoting instruments from japan and china. we have appointed TNT as our clearing and forwarding agent.

TNT issue two types of bill to us:

(1)  one bill for their services they provide us like freight, clearing, loading unloading etc. and they charge service tax on             this bill and we deduct  TDS on this bill amount.

(2)  another bill consists of two items:

       (i)  duty amount they paid on behalf of us

       (ii)  handling charges as their own charges and they charge service tax only on the amount of handling charges not                   on the reimbursable amount of duty

 

Question:

(1) are we supposed to deduct TDS on the second type of bill as mentioned above  ???

(2)  if we are supposed to deduct tds on second bill, then on what amount and which rate.????

        whether on amount of handling charge only or on total amount ?????

expecting your full support and prompt reply...

 

Regards:

CA Gaurav Agarwal

Replies (6)

You should deduct TDS on second bill also on the amount including custom duty if both are available in single bill (Refer circular No.715 dated 8th Aug 1995).

TDS falls under Sec 194C

Regards

Dayananda

thanks dayananda ji...

Hi Mr. Dayananda,

 

I've one query in the same case as above. In my case they are charging documentation charges, DO charges, CFS charges, loading unloading & transporation charges in the same bill by way of debit note and without service tax. Another one bill for EDI Charges & agency fee..Pl suggest tds u/s194 C will applicable for us or not. They are charging by way of debit note..is it play any role for tds deduction.. Thanks in advance..

yes, agree with dayanand ji

Hi Dayanada ji,

As per my knowladge, TDS should be deducted u/s 194C on the whole amount excluding service tax.

Please State..

on what basis the TDS should be deducted on CFS CHARGES

(Singhmonu1010 2)


CCI Pro

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