TDS should be deducted or not

287 views 7 replies
one creditor is there with GST bill. can I deduct TDS or not as he provides fabrication work to us(we are registered dealer)
Replies (7)
If the bill value is more than 30,000.00 deduct TDS u/s194C
Thank you sir
But if he is an individual having business and do not exceed the limit of 1 cr then

For individuals having no tax audit liability, no TDS deduction liability arises u/s. 194C of IT act.

For job work related to repair or service generally considered under section 194C.

If the service provider is an individual and the single bill value is more than 30K need to deduct 1% TDS. If the service provider is a firm or company needs to deduct 2% TDS

 

194C. (1) Any person responsible for paying any sum to any resident (hereafter in this section referred to as the contractor) for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract between the contractor and a specified person shall, at the time of credit of such sum to the account of the contractor or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct an amount equal to—

(i)  one per cent where the payment is being made or credit is being given to an individual or a Hindu undivided family;

(ii)  two per cent where the payment is being made or credit is being given to a person other than an individual or a Hindu undivided family,

of such sum as income-tax on income comprised therein.

....................... ...............      ..................... 

Explanation.—For the purposes of this section,— (sec. 194C of IT act.....

 (i)  "specified person" shall mean,—

(a)  the Central Government or any State Government; or

(b)  any local authority; or

(c)  any corporation established by or under a Central, State or Provincial Act; or

(d)  any company; or

(e)  any co-operative society; or

(f)  any authority, constituted in India by or under any law, engaged either for the purpose of dealing with and satisfying the need for housing accommodation or for the purpose of planning, development or improvement of cities, towns and villages, or for both; or

(g)  any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any law corresponding to that Act in force in any part of India; or

(h)  any trust; or

(i)  any university established or incorporated by or under a Central, State or Provincial Act and an institution declared to be a university under section 3 of the University Grants Commission Act, 1956 (3 of 1956); or

(j)  any Government of a foreign State or a foreign enterprise or any association or body established outside India; or

(k)  any firm; or

(l)  any person, being an individual or a Hindu undivided family or an association of persons or a body of individuals, if such person,

(A) does not fall under any of the preceding sub-clauses; and

(B)  has total sales, gross receipts or turnover from business or profession carried on by him exceeding one crore rupees in case of business or fifty lakh rupees in case of profession] during the financial year immediately preceding the financial year in which such sum is credited or paid to the account of the contractor;

(ii)  "goods carriage" shall have the meaning assigned to it in the Explanation to sub-section (7) of Section 44AE

(iii)  "contract" shall include sub-contract; ..... Continued....

I think the query is about tds when the payee is an individual.

Regards


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register