We have received a bill towards lease rental of car where the supplier has charged VAT and Service tax @ 1%. Please let us know whether we have to deduct TDS and at what rate and under which section.
Thanks & regards,
S.MOHAN
8 Replies
valji
(Accounts manager-MBA)
(2150 Points)
Replied 01 June 2011
it is come under contract under sec 194 C
CS,CA F,Numrologi TusharSampat
(CS CA F Numerologist Astrologer Graphologist Face reader Vastu Expert)
(85930 Points)
Replied 01 June 2011
TDS ON GROSS AMT u/s 194C.
CA ADITYA SHARMA
(CA IN PRACTICE )
(16719 Points)
Replied 01 June 2011
tds will be deducted on gross amount u/s 194c
C.A Tarun Shah
(practice)
(271 Points)
Replied 02 June 2011
AGREE WITH ALL .AS TDS WOULD BE DEDCUTED UNDER SECTION 194C
arjun s
(CA Final)
(299 Points)
Replied 02 June 2011
- TDS on hire charges of taxi/car charges can be covered under both section.Its all depends upon some issues
- 194 C
- 194 I
To decide under which section it should be covered I 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
- 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.
-
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
Relevant circular on this issue:Circular : No. 558, dated 28-3-1990.
Ritik Jain
(article)
(2 Points)
Replied 01 May 2019
A contract had been done for renting of vehicles for whole year @ 16.50 from single vendor whose payment exceeds 250000 wheather tds on gst is applicable(no contract value is predecided)
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