Advocate- Tax
7806 Points
Joined December 2008
When we will read various provisions of TDS, we will find that liability to deduct TDS is on the person making the payment. The condition that payment must be on its own behalf may not be stricly within the words of law. Even when you are making a payment on other persons behalf, you are liable to deduct TDS. For example, if a consignment agent is paying for freight on behalf of the principal, he should deduct TDS even when he will be reimbursed the payment.
Although the principle may have applicability differently in different situation depending upon exact words of law, deeming provisions and departmental circulars- it is one basic principle which should be kept in mind.