TDS on Railway Freight

Dear Friend,

1. Whether Freight paid to Indian Railway for carriage of goods is liable for TDS under 194C. I know there is no TDS on Freight charges from 01.10.09. But i want to know applicability of provision from 01.04.09 to 30.09.09.

It is payment to government of india.

Replies (12)
Dear Sathyanarayan, Railways are Govt. owned & Sec 196 says no TDS is to be deducted on payment to Govt.

There is no TDS for Govt.

Just see this case. Company is purchasing raw material and it is transported through railway. Seller is actually paying freight and claiming it from purchase. For purchase it is railway freight charges payable to seller and not railway. Please explain the applicability of TDS from purchaser point of view. (He is paying to seller).

Dear Sathyanarayan,

Still TDS is not applicable in this case since it amounts to reimbursements of expenses..

I know u will say that TDS is applicable on reimbursements u/s 194 C & 194 J, But friend essence under those section is the performance of service whereas in the present case it is the "contract for sale/purchase"..Hence No TDS is applicable...

Mr.Satyanarayanan

Mr.Amir

Mr.Deepak Tapse

Mr.Uday Kiran

Please see Explanation to Section 194C wherein the word  "work" has been defined. I am reproducing the same hereunder.

(iv)(c) carriage of goods or passengers by any mode of transport other than railways"

Hope all of you have got clarification.

Best Wishes

Sathikonda

Dear Sathikonda,

Thanks 4 clearing it on legal grounds.....

Dear All

Please see the definition of "work" in the explanation to section 194C (old section and new section).

It is as follows:(in new section)

"(iv)(c) carriage of goods or passengers by any mode of transport otherthan railways"

Hope all of you have got clarification.

Best Wishes

 

Sathikonda

Dear All

Please the definition of work in explantion to section 194C (old section and new section)

It is as under:

(iv)(c) carriage of goods or passengers by any mode of transport other than railways.

Hope all of you have got clarification.

Best Wishes

Sathikonda

Dear All

Please the definition of work in explantion to section 194C (old section and new section)

It is as under:

(iv)(c) carriage of goods or passengers by any mode of transport other than railways.

Hope all of you have got clarification.

Best Wishes

Sathikonda

TDS is not applicable for transport of goods by railways...

 

"The Finance Act, 1995 has amended the provisions regarding tax deduction at source contained in section 194C of the Income-tax Act. As per the amended provisions, deduction of tax at source is to be made, inter alia, from payments made in respect of contracts for carriage of goods and passengers by any mode of transport other than Railways."

 

Source - Circular No. 713, dated 2-8-1995.

Mr.G.K.

The citation of the circular is

[1995] 215 ITR (St) 4.

This is for your information.

Best Wishes

Sathikonda

Thaks for all yours valuable reply.

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