TDS us 194C

X (liable for Tax Audit) is a transport contractor of an Oil Marketing Co engaging his own 15 Oil tankers and 2 taken on hire from Y. Oil Marketing company is making payment to X after deduction of TDS us 194C.
Now my query is that whether X will make deduction us 194C at time of payment to Y.
Please advise.
Replies (8)
Quick Summary
This discussion clarifies whether a transport contractor, liable for tax audit and engaging their own and hired oil tankers, must deduct TDS under section 194C when making payments to sub-contractors. The consensus is yes, provided the contractor is liable for tax audit and meets certain criteria regarding the number of goods carriages. Exceptions for transporters covered under section 44AE are also noted.

The Answer is Yes.

as X is liable for Tax audit he must deduct tax at the time of payment.

or he must get Form 26A declaration from Y.
The Answer is Yes.

as X is liable for Tax audit he must deduct tax at the time of payment.

or he must get Form 26A declaration from Y.
Yes TDS should be deducted

Since X would be hiring tankers from Y, can I say that the provisions of section 194I would apply here? Let's see what others interpret this as.

TDS deducted u/s 194C.
Section 194I related Rent of Plant and Machinery not for Hire

@ Manikanta

What's the difference between rent and hire?

Yes. Tax shall be deducted under section 194 C since MR X liable to tax audit and carrying more than 10 Goods carriages.(Exception shall be available to transporters only if they are covered under 44 AE)

Tax shall be deducted either at the time of credit or the time of payment whichever earlier

@ 1% if Payment / Credit to resident individual or HUF(75% of original rate concession only available up to 31.03.2021)

@ 2% if Payment/Credit to any resident person other than individual / HUF(75% of original rate concession only available up to 31.03.2021)

@ 0% if payment made to contractors(only to transporters covered under 44 AE)

 

Based on above reply If Y is holding more than 10 Goods carriages tax shall be deducted under 194 C.

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