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.
There is no TDS for Govt.
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
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