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Home Forum Income Tax Month 5 2012 2012 (5) This
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applicability of tds - Income Tax

 
Issue Id: - 4115
Dated: -03-05-2012
By:- sid chakravarthy
applicability of tds

sir

we have purchased two lakh sms for issuing in bulk from a company through quotation at a cost of Rs.31,500.00.

i would like to know whethere it attracts TDS under 194 C of income tax.

with regards,

chakravarthy s n

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Dated: - 19-05-2012
By: - RAM BANSAL

Dear Sir ,

 In accordance with the provisons of section 194C , any person responsible for paying any sum to any residentcontracotr for carrying out any work (includinf supply of labour for carrying out any work ) under  a contract in pursuance of  a contrat between contractor and pesons specified in explanation to section 194C , shall deduct income tax at the time of such payment thereof . Hence for the application of section 194C there should be a contract for carrying out any work . The provisions of section 194C are not applicabel on the purhcases . In tis case the quariest has made the purchases of Buld SMS . It is not a contract for carrying out any work . Hence no TDS is required to be deducted u/s  194C.




Dated: - 19-05-2012
By: - RAM BANSAL

Dear Sir,

As per the provision of section 194C any person responsible for paying any sum to any resident contractor

for carrying out any work (including spply of labour) under a contract  in pursuance to a contract between contractor and the person specified under explanation to section 194C , shall dedcut tax at source at the time of such payment thereof -----. Hence  there must be a contract between the parties for the carrying out any work inculding supply of labour . In the case of the quariest  has purchased the goods . Hence provisions of section 194C are not applicable


 
 
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