TDS on PF paid on behalf of a contractor

Others 1730 views 6 replies

In my company we deposit the PF, ESI, etc of a contractor on 15 of the month and the same are subsequently deducted from contractor's monthly bill in the next month. My Tax Auditor says that the deposit of this PF ESI on behalf of contractor amounts to as advance paid to the contractor and is liable for TDS ...  and he is asking me to deposit interest on this default of TDS? Is it a TDS default ?

Replies (6)

Mr Vickram

tell me one thing, why you adjust the PF amount in the next month bill...........??? I think if contractor sumbit the bill to you upto 10 then you can also deposit the PF in the same month..................I think your tax auditor says right.......................Becoz it is the responsibility of contractor to deposit the PF amount . And if we dposit the same then why you does it before the bill submission...it is just like a ADVANCE..................... 

Originally posted by :Sorabh Gupta
" Mr Vickram
tell me one thing, why you adjust the PF amount in the next month bill...........??? I think if contractor sumbit the bill to you upto 10 then you can also deposit the PF in the same month..................I think your tax auditor says right.......................Becoz it is the responsibility of contractor to deposit the PF amount . And if we dposit the same then why you does it before the bill submission...it is just like a ADVANCE..................... 
"

Thank you for teh kind reply Sorabh Gupta ji.
 

In my company  we are directed by teh ESI inspector to deposit ESI before due date and deems us liable for depositing ESI as we are the princupal employers... and ESI is calculated on attendance basis on teh month end.

as far as the bills are concerned,  the bills are submitted by contractor generally after that date as its a long procedure to pass the contractor bills thru various departments.

Thank you for your kind opinion.

best regards

Vikram Sharma

 

 

Vickram

The only way is that you told the contractor th raise the bill as soon as possible upto 5th of next month. if you face the problem in  passing the bill the you have the option to raise the bill form 26 to 25 .........................

I think that way solve ur problem..................

Originally posted by :Sorabh Gupta
" Vickram
The only way is that you told the contractor th raise the bill as soon as possible upto 5th of next month. if you face the problem in  passing the bill the you have the option to raise the bill form 26 to 25 .........................
I think that way solve ur problem..................
"


 

Sir,

 

I think the option of raising the bill from 25 is better for me.

thanks again

TDS default that I had incurred in the previous year as per the above referred case... any plea/argument that can help me to avoid this default.... like PF ESI etc being a statutory payment and the responsibility of teh princpal employer (is my company)_ and we can make some argument to avoid this TDS default for the past year.....

vikram

Vickram

This is totally default , as this is just like the advance..................whether you have deducted the TDS at time of depositing the PF or not..............If you not deducted then you have to pay the amount of TDS with Interset ..............there is no escape from interest liablilty in my opinion..................

Originally posted by :Sorabh Gupta
" Vickram
This is totally default , as this is just like the advance..................whether you have deducted the TDS at time of depositing the PF or not..............If you not deducted then you have to pay the amount of TDS with Interset ..............there is no escape from interest liablilty in my opinion..................
"


 

Thanks Sorabh Gupta ji

yeah I understand that there is no escape from TDS and interest liability.... I was just trying o find some argument to support my case.

anyways, thanks a lot for clarification an dyour efforts from your side.

best regards

vikram Sharma


CCI Pro

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