Tds provisions on payment to travel agent or resort

1.Are we suppose to deduct tds on payment to travel agent on payment made towards abroad trip ( amount 25 lacs). The company has taken its customers under sales promotion scheme.

2. Also are we suppose to deduct tds on payment to resort ( entire resort booked for 2 days - amount 15 lacs ). The company has taken its customers under sales promotion scheme.

Please let me know the tds applicability.

 

 

Replies (3)

Yes TDS is applicable ...............coz.

1. We have a contract with travel agent for a round trip.

2. We have to deduct TDS for payment made to resort.

I think one point we have to notice that Travel agent and Resort .....place of busineess is in indai or in abroad.........any one can give clear idea about his.....

Sir

1-Travell agent is in india or abroad 

2- Resort is in india or abroad

If both are in india , TDS applicable as per U/S 194C.

If both are in abroad,  I would like to seek expert's comments.

 

 

 

It may be added that payments to travel agents for purchase of a ticket are not subjected to TDS because the privity of contract is between individual passenger and airlines/travel agent though the company is paying. See circular 715 dated 08-08-1995

Payments to hotels/resorts will not be within TDS provisions unless there is a rate contract or occuapancy is on a regular basis

Regards,

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