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Works Contract-TDS
Dear group members, a meaningful discussion required. M/s AAA and M/s BBB engaged with joint venture agreement. M/s AAA obtained a construction contract from the Govt. As per the ir JV agreement, M/s BBB executed the work and claimed ITC and paid the output tax accordingly by utilising their ITC. Subsequently, govt. authorised bills to M/s AAA and deducted TDS. Now my question is, does M/s AAA is excisable to claim refund of TDS amounts from the Govt.???
Replies (10)
workcontract if jobworker there have effective tds
it's not job works, it's joint venture executing contracts like large irrigation railway line like that. think big
ok thanks...
Is Here M/s AAA & BBB is Same Pan or Not...? also GSTIN....?
different PAN
A joint venture is subjected to taxation under the provisions of Income Tax Act,1961 as an association of persons (AOP) or a body of individuals(BOI). You need to apply a new pan of AOP and request to deductor to revise TDS return.
in GST there is no such provision
If different PAN then TDS will be deductible based supply which is in the name pan. Deducted another pan it will reverse the TDS...
'Person’ is defined under section 2(84) of the CGST Act, 2017. and include AOP and need to get register under GST.So as you said "In GST there is no such provision". In fact, you did not comply with the provision of both I.T. and GST act. Now you cannot come to any conclusion.
good clarification and information
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