TDS U/S 194J

SANKET (CA) (23 Points)

19 January 2008  

  hi,Dear all

  My question is relating to Gas Transportation Agreement with transporter and receiver.

 Receiver has made a contract with transportation and deduct tax u/s194 c,

Now the departments views is that it should deduct tax u/s 194 J  as it is the receiver is paying the rent on usage of pipeline.( as this comes after the amendment in section 194 J  in which equipment use is covered)

According to agreement  the ownership,maintenance of pipeline is solely  on transporter and receiver is not using the pipeline for  gas exclusively.

Is tax should be deducted u/s 194 C or 194 J?