Transporter TDS

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chaitali (INCOME TAX PRACTISE) (25 Points)
Replied 07 April 2010

i think If PAN is mentioned in LR then our duty is over .

RANJIT KUMAR (Accounts Manager (CA FINAL Student)) (71 Points)
Replied 07 April 2010

As per my opinion if pan no. printed in LR then our duty over but in pan not printed in LR then personal Pan of truck owner and truck registrasion paper is sufficient. because maximum transporter is issuing LR only commission purpose they are not truck owner. second thing if pan is not available then tds rate is 20% is not only for sec 194C, it is higher rate 20% TDS for ALL SECTIONS. if case is lottory or horse race 20% or 30% which ever is higher.

KANHAIYA (ACCOUNTANT) (21 Points)
Replied 09 April 2010

Will the transporter be furnished his PAN No. on specific format to deductee for non deducting of TDS ?

and If the transporter only noted his PAN No. to deductee and not given him the proof of his PAN No., will TDS be deducted or not?

CA LOVELY ARORA (C.A. B.Com (H) Graduate) (2151 Points)
Replied 09 April 2010

dear kanhaiya,

1. it is allowed to not deducting TDS on payment made, but special permission from assessing officer (A.O.) is required before doing so......... obtain Non-Deduction TDS Certificate from A.O. then show it to deductee to convince him for not deducting your TDS......... as your Tax Liability may be NIL.............

2. in this case, no need to give proof of his PAN number to the deductee, only quoting his PAN would be sufficient..........