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Tds on machinery hire

Sonu Kumar (Account Manager) (665 Points)

24 December 2012

Dear Friend,

I Have My Own Construction Firm and Doing Some Costruction Work and Also Given 6 Hywa (Equipment)

on Hire to a Company. 2 Hywa Out of 6 Hywa I have taken from Others on Hire. Company already Deduting 2% Tds on 6 Hywa.... and Cheque issue on the name of Firm. So My Question is That, Should Firm Deduct TDS on Payment for 2 Hywa while Paying the Cheque. if Yes Then on Which Amount

Company Rate- 140000/-PM to Firm

Firm Rate - 120000/-PM for 2 Hywa

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6 Replies

CA D.C. Bansal (Accounts Head) (283 Points)
Replied 24 December 2012

The payer has to deduct TDS on agreed rent being paid to the payee.

Ravi Kumar Mahaur (CA-FINAL) (202 Points)
Replied 24 December 2012

section 194I does not require ownership. It includes letting as well as sub-letting of machines.

So in ur case you are liable to pay tds on Rs.120000.

Sonu Kumar (Account Manager) (665 Points)
Replied 24 December 2012

but here tds is being Deduted Two Tyms on 120000/-

CA D.C. Bansal (Accounts Head) (283 Points)
Replied 25 December 2012

TDS has to be deducted at every point of expense. You will have to deduct the TDS on amount being paid by you i.e. Rs.1,20,000/- and company has to deduct TDS on amount being paid to you i.e. Rs.1,40,000/-

1 Like

kavitha (studying final) (830 Points)
Replied 26 December 2012

yes. i completley agree with the above comment

Anjani Kumar (Manager) (128 Points)
Replied 29 December 2012

If payment amount exceeds the specifying amount i.e.Rs.180000/- Per Annum you need to deduct TDS subject to " If your books of accounts to be audited Under Section 44AB "

Note : 1. If your books of accounts are audited in previous year and this year not required then you have to deduct TDS.

2. If your books are not audited till previous year and this year also not requied to Audit then TDS need not deduct.

Friends if i am wrong please correct me.