Hi, if tds has not been deducted for payment to contractor then while filing your return of income 30% of such amount credited to the contractor shall be disallowed from deduction in p&l. Since, you have not deducted TDS, you are assessee in default. but, there is provision stating if the contractor files return of income, taking into consideration the payment received from you and pays such tax for that income before you, you will not be considered as assessee in default.