TDS on Repairs and Maintenance

5701 views 9 replies

Dear Folks,

I had a Query regarding TDS is there any provision for deduction of TDS for the expenditure regarding Repairs and Maintance.I am faceing serious Query in my Audit regarding this,One more thing there is no AMC contract.

Please help me in this issue....

Replies (9)
If there is any contract (eg AMC of any asset), then it falls under 194C

No there is no AMC contract and one more issue is there any clause like If some amount exceeds like Eg:50000 TDS has to be deducted.

If repair & maintenance is going thru any contract or AMC, then you have to deduct TDS.

But if it is sometimes charges then you dont have to deduct TDS.

 

Regards

Piyush Tanwar

Yes, that limit of 30,000/- & 75,000/- is in section 194C If there is no contract, whatever is the limit, no need to deduct TDS.

Ok Thank u Saloni and Piyush for ur reply.

There is no any provision on repairs and mantainance so do not TDS becouse this is rebursement expenses

Hi Pavan,

In Practice when you do audit, even though no contract is entered you have to see the ledger of the party. If during year the invoice of exceeding Rs 75,000 is raised or single invoice value exceed Rs 30000 or advance payment of more than Rs75000 per year is made then you have to deduct TDS irrespective of whether contract is there or not. Section 194C allowed verble as well as written contract and reimbursement of expenses is also under the coverage of section 194C. So you should deduct TDS.

Repair and maintenance expenses are out of the preview of TDs if not covered by contract. But it is practically not possible to pay some one without contract. You must have issued po or email or entered into signed agreement with vendor, therefore TDS should have deducted while making the payment.

@ PAVAN KUMAR, 

Could you please provide more details on nature of work provided. i.e. what kind of repairs and maintainence?

If it is not been contracted, no TDS u/s 194C. 

However if you receive any technical services then it is covered under 194J and hence if you receive any service exceeding Rs 30000/- in aggregate from the payee for a given FY, then TDS is reqd to be deducted

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