Tds u/s. 194c on transportation charges

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On providing PAN,  On Goods Transportation charges, TDS need not be deducted ?

or whether TDS is deductible u/s. 194 C ?

If it was not deductible and now deductible,  then till what period it was not deductible ?

Kindly advice please !

Thanks & Kind regards,

Valerian D'souza

Manager - accounts

Replies (4)

As per the amended section 194C, through Finance Act (2) of 2009, No deduction shall be made from any payments made to a contractor during the course of business of plying, hiring or leasing goods carriages, on furnishing of his PAN to the deductor.

This new subsection 6 of 194-C makes such transport contractor to compulsorily provide PAN to the Deductor, failing to which TDS will be made by Deductor as per 194C.

Applicability
This provision is applicable on payments made from October 01, 2009 to March 31, 2010. Such scenario should be determined by checking whether the Deductee has provided his PAN to the Deductor, during the payment.

New returns for such information
Deductor should furnish a separate return containing the details of Transport Contractors, who have provided PAN and TDS has not been made in accordance to subsection 6 of 194C. CBDT would be prescribing the format for such return and the methodology to file such return shortly. However it is expected to be one time activity for the Deductor to furnish these details after 31/03/2009, containing the information of all 6 Months.

End date of such provision
Even though the date 31/03/2010, the end date for this provision is not specified in amended 194-C section, the Financial budget documents of 2009, clearly indicated its termination by such date. It is expected that the forthcoming finance act 2010, will amend the section by removing the sub sections 6 and 7 of 194C.

very nicely explianed mr jain

Thank you Jain sir,

Sir,

Agreed with shri Jain,

but i would like to add one more thing here that in case of GTA payment  U have to deduct the Service tax @ 2.57% (effective rate) also. gist is

if provided PAN by GTA: no TDs deduction

but to report in TDS return and

Service tax @ 2.57% (effective rate) to be dedcuted before final payment.

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