TDS on Demolition - Tricky Question

1621 views 2 replies

Hi

This question is little bit tricky. Pz try.

Mr A is a Contractor who is specialized in demolition of large buildings. M/s ABC , Firm , is the owner of a multi storied building. Both accounts are liable for Tax Audit u/s 44AB of the Income Tax Act. Mr A and M/s ABC has entered into a contract and gist of the contract is as follows.

1. A will demolish the building with its manpower , machinery.

2. M/s ABC is the owner of the scarp.

3. A will sell the entire scarp on behalf of ABC. Invoice will be raised by ABC. Proceeds will be credited into ABC Account.

4. After that entire sale proceeds will be transferred to A account.

5. A will pay Rs.1000/- per Steel of MT and Rs.500/- per Wood of MT.

6. This payment is entered in A books as an expenditure.

7. What is the TDS liability by A and ABC. Here A is providing his Service , ABC is supplying old Building.

Regards

CA K Rajendra Prasad

Replies (2)

What is the contract amount ?  That amount will attract TDS u/s 194C.  As for sale of scrap, may be TCS will be attracted and ABC will have to collect that amount from the buyer and remit to Government. 



If there is no amount involved, then what for is the contract taken by A? He doesn't seem to be getting any benefit out of this deal.

Dear Rajendra,

 

As Member said, 194C will be on the charges of A towards demolition of the building....

The sale transactions involving steel and wood are outside the purview of TDS..... So A need not deduct the TDS on the payment to ABC

 

Regarding TCS on scrap sales, yes, TCS will be applicable as per section 206C(1)....

But by getting an declaration from A, that he is going to use this scrap for manufacture or production, not trading, TCS can be avoided. The declaration should be in form no 27C (Refer Rule 37C)

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 20 June 2026
Articleship

RB KESHRI & CO

Mumbai

B.Com

View Details
Company
06 July 2026
C.A./CA Inter OR pursuing C.A./GST/Accounts/Audit/IT - Head

Arvindkumar Maniar & Co.

Rajkot

CA

View Details
Company
25 June 2026
AUDIT MANAGER

JDAS & ASSOCIATES

New Delhi

CA

View Details
Company
06 July 2026
Chartered Accountant (Indirect Taxation)

Gowra Ventures Pvt Ltd

Hyderabad

CA

View Details
Company
05 July 2026
Financial Controller

NovumLake Partners

Mumbai

CA

View Details
Company
25 June 2026
Accounts & Taxation Executive

Dindukurthy & Associates

Hyderabad

MBA

View Details
Company
ARTICLESHIP 24 June 2026
ARTICLE ASSISTANT

BHUPINDER SHAH AND COMPANY

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 28 June 2026
Article Assistant

Sharma Chetan And Company

Gurgaon

CA Inter

View Details