Very difficult question about itr

Transporters cannot file u/s. 44AD

For transporters sec. 44AE available, provided not more than 10 gaddi....

Sir, But income tax department ka system aisa bna hua h sir ki agar koi income 26AS me show ho rhi h wo saf saf itr m bhi show honi chahiye aur yadi na ho to wo jo income humne itr me declare ki h usme 26AS ki income add krke adjustment order bej dete h.

Yes, that is true........ but TDS u/s. 194C is for two services....... one for any contract and secondly for transportation.

So, if you clarify that the TDS deducted by consignee is for trasportation services, it will be accepted.

Main reson for doubt is that transporters (eligible u/s. 44AE) can give 'no tds deduction letter' to consignee, so that TDS cannot be deducted on such small transporter !!!

If the transporter is not owning more than 10 goods carriage at any time during the previous year, then deductor has to obtain a declaration from transporter along with the copy of a PAN before credit or payment to the transporter, whichever is earlier.

The transporter is liable for TDS if more than 10 goods carriage is owned at any time during the year. This deduction is done at the time of paying charges to goods transporter. TDS will be deducted at the rate of 1% or 2% as the case may be; based on the transport contractor’s status which can be identified by the 4th alphabet of the PAN.

Conclusion

With this addition to the Act, reporting all deductions w.r.t Nil TDS on transporter payment in quarterly return (26Q) is made compulsory.

The person responsible for making the payment to the transporters, which is subject to tax, is advised to collect the below documents for such transactions:

• Self-attested copy of PAN Card
• Declaration of the fact that such contractor is neither registered nor the owner of more than 10 goods carriages.

Attached herewith the Specimen of Declaration that should be given on the letterhead of the Transporter.

Yes sir, apki bat shi h ki agar transporter declaration de de to iska tds nhi katega. But sir ab tds bhi kt chuka h & transporter ke pas only 4 vehicle h. To fir m dikha du 44AE me. Main reason yhi h sir ki transporter eligible for 44AE pr uska tds kt gya 44AE me. Mtlab aisa to law nhi h ki tds kat gya to 44AE ke liye eligible nhi rhe.

When TDS is deducted by consignee, means you had not given declaration::: thats all.

No rule that you must give declaration.

It is option given to small transporters...... like form 15H & 15G to investors....

But when TDS already deducted, assessee has right to claim its refund/ adjust against tax liability, if any.