In the case of a contractor engaged in the delivery of labor, the contractor receives an amount both for the money to be paid for the work and for his commission. Next, my question is whether TDS u/s 194C can be deducted from the total amount (i.e. the amount payable to both work and commission) or only from the commission amount. If it is the total amount, that is correct, because the amount to be paid to the work is not income for the contractor. Any person responsible for payment to a resident contractor/subcontractor should deduct the tax at the time of actual payment to the beneficiary or at the time of credit to the beneficiary`s accounts, whichever comes first. When contractors` invoices specified that work such as equipment maintenance, cleaning and inspection of parts, etc. were routine in nature and required less technical skill, the appraiser had correctly deducted the U/s 194C withholding tax. Note: Section 194C only covers payments to resident contractors or subcontractors. TDS in case of payment to a non-resident contractor is regulated u/s 195. You agree that these Terms of Use may be modified/modified for the purpose intended for that purpose, including, but not limited to, compliance with changes in law or regulation, correction of inaccuracies, omissions, errors or ambiguities, changes in the course of the process, the scope and nature of the Services, company restructuring, market practices or customer requirements. With each change, the updated Terms of Use will be updated on the Website or otherwise.
Your continued use of the facilities on this website constitutes acceptance of the changes and constitutes an agreement bound by the modified Terms of Use. You can review the most current version of the Terms of Use at any time by clicking on the Terms and Conditions link on the Website. No fees are charged for the use of this website. Simply put, if you make a payment to a contractor and you both have a contract for such work, you need to deduct TDS. In addition, 2 parties are involved, namely the contractor and the deduction of TDS, with whom the contract is concluded and who is responsible for the payment of income to the contractor. The Court dismissed the appeal against the revenues and found that the appraiser had made payments only for maintenance contracts for minor repairs, replacement of certain spare parts, lubrication of machinery, etc. These services did not require technical expertise and therefore could not be classified as «technical services» within the meaning of Section 194J and which the appraiser had correctly inferred TDS u/s 194C, which applied to payments to contractors. There was no question of law. Iii. If the Contractor has undertaken to construct a building or dam and the Government or any other specific person has undertaken to supply all or part of the materials necessary for the Work at the agreed prices, the deduction applies to the gross payment, without excluding adjustments due to the cost of materials. Any specific person who makes payments to a resident contractor for the performance of work is required to deduct TDS.
Person specified here means: The Website reserves the right to interrupt or temporarily or permanently suspend the facilities. You agree that the Facility Provider/ABC Companies shall in no event be liable to you for any changes or interruptions to the Facilities. The format and content of this website are subject to change at any time. We may suspend the operation of this website for support or maintenance, to update content or for other reasons. If a person is responsible for paying an amount to a resident contractor for the performance of the work (including the supply of labour). When concluding a contract between the entrepreneur and the following persons: TDS is calculated on the basis of the value of the invoice. Let`s understand with an example: Example: A Ltd makes payments to Mr. A contractor during the 2019-20 c. fiscal year. Deliver, in whole or in part, the supply of labour that the Contractor has undertaken to supply under his contract with one of the authorities referred to in this Division. (a) such contractor has ten or fewer freight transports at any time during the previous year, and the facilities provider or abcl or ABC company will have absolutely no liability in connection with the information and materials published on this website, including any liability for any damage to your computer equipment, data, information, materials or stores arising from the information and/or materials or the failure to provide information and/or material on the Website. In no event shall ABCL or abc companies be liable for any special, incidental, consequential, exemplary or punitive damages for any loss arising out of or in connection with (a) the use, misuse or inability to use this website; (b) unauthorized access to or alteration of your transmissions or data; (c) the statements or conduct of third parties on the Website; or (d) any other matter of any kind relating to this website.
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