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Tds on tour operator

Page no : 2

Ganeshbabu K (Audit and Tax Advisory) (48559 Points)
Replied 13 June 2013

Please find attched for more clarifications provided in circ.715 dated 08.08.1995

 

Thanks & regards

Ganehbabu k


Attached File : 831581 1186380 circular 715 tds faq.pdf downloaded: 258 times


Nirmit Choraria (CA Final) (1333 Points)
Replied 13 June 2013

Line from the Ciruclar

During the course of the consideration of the Finance Bill, 1995, the
Finance Minister clarified on the Floor of the House that the amended provisions of tax deduction at source would apply when a client makes payment to an advertising agency and not when advertising agency makes payment to the media, which includes both print and electronic media.
 
As it can be clearly seen There is no Liablity to deduct by one Advertising Agency making payments to other Media firms
 
Similarly it can be noted that one Tour Operator has NO LIABILTY to deduct TDS while doing transaction with other Tour Operator.
 

Nisha Yadav (Accounts exe) (455 Points)
Replied 13 June 2013

Dear Nirmit & Ganeshbabu .. i know tds not applicable on booking of air ticket..

M just asking here ..  other party is tour operator not travel agent ..  n we are also tour operator ..

n we purchased a tour package from othre party for our client so in this case tds would be deducted or not?


Nirmit Choraria (CA Final) (1333 Points)
Replied 13 June 2013

Your Client i.e the End Consumer has to deducat TDS if he is liable to Deduct TDS u/s 194C @ 1% or 2% whatever rate applicable 

 

But the transaction between you(tour operator)  and the tour Operator/travel agent the there is no liabilty of TDS.

 

 


DIBYENDU (SERVICE) (266 Points)
Replied 13 June 2013

I think most of your client  is an Individual/ HUF, in case no TDS is required to deduct if one Indivdual /HUF carrying out any contract from doing any personal work i,e. payment to tour operator for arrenge ture for himself, his family, relatives etc. but when a coaching center, commercial training inistute payment to organized tour for encaraging skill of there worker/ employees/ they are required to deduct TDS @ 1% or @ 2% as the case may be.




DIBYENDU (SERVICE) (266 Points)
Replied 13 June 2013

I think most of your client  is an Individual/ HUF, in case no TDS is required to deduct if one Indivdual /HUF carrying out any contract from doing any personal work i,e. payment to tour operator for arrenge ture for himself, his family, relatives etc. but when a coaching center, commercial training inistute payment to organized tour for encaraging skill of there worker/ employees/students they are required to deduct TDS @ 1% or @ 2% as the case may be.


Ganeshbabu K (Audit and Tax Advisory) (48559 Points)
Replied 13 June 2013

Originally posted by : Nisha Yadav

Dear Nirmit & Ganeshbabu .. i know tds not applicable on booking of air ticket..

M just asking here ..  other party is tour operator not travel agent ..  n we are also tour operator ..

n we purchased a tour package from othre party for our client so in this case tds would be deducted or not?

Yes,

That is what my intension is to..

His audiotor may claiming nil tds on base of above said notification..

But as it is tour operator which includes ..travel,food,travel guides charges, hotel,and many other charges will includes

 

So it is contract and hence TDS 194C will be applicable

Thanks & regards

Ganeshbabu k


Nisha Yadav (Accounts exe) (455 Points)
Replied 13 June 2013

Yes i agree with you  dear Ganeshbabu But my vendor (other tour operator) is not agree with that n said tds would not deduct in this  case.

N he has 500+ clients n no one deducte tds ...  

now much confuse what to do .. Please provided any case or notification regarding this


venkatesh (learner) (116 Points)
Replied 13 June 2013

1. Payment made Rs.30,000/- and above value payee should be deduct TDS @ 2% . In your case you brougt a tour package from other tour operator they has been charged Package value+Service Tax 12.36%+Service Charges= Gross Value .

2. Suppose they doesn't charges service tax in invoice that is their mistake , As per income tax act you should/must deduct TDS @ of 2% So your bill value is Rs.48,000/- you deduct TDS @ 2% Rs. 960/- Balance Rs. 47,040/- you have to pay.

3. Further you know ususal TDS return procedures like remittance, returns,certificates.



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