2286 of 2010) Gujarat High Court] 3. The amount paid/credited to the contractor`s account engaged in the property rental, leasing or leasing business, if the contractor has no more than 10 shipments of goods at any time during the previous year. The entrepreneur is required to submit the declaration to the deduction with pan. Ii. Because of the materials provided by the Government, a decision must be made in light of the terms of the respective contract and the conduct of the parties. The appraiser leased two diesel-hydraulic truck mobile cranes on a contractual basis and deducted TDS from the lease fee payment. A.O. treated crane-mounted trucks as an installation and a machine and considered that the provisions of § 1941 were applicable. The Court concluded that crane trucks intended for special services fall into the category of motor vehicles and not machines; therefore, the provisions of § 194C were applicable. If a contract between the appraiser and the call centre operator was a “works contract” and not a technical or professional contract, payments for call centre fees would be covered by u/s 194C and not u/s 194J i.
No deduction is possible for the delivery of material. Therefore, no TDS is required. However, if payment is made either in cash or in the form of benefits in kind to the contractor/subcontractor, the tax must be deducted. The deduction of tax as an entrepreneur is justified, the payment cannot be considered as consideration for technical services. [pp. 194J, 260A] 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. Provided that the sum of the amounts of such amounts credited or paid in the financial year or likely to be credited or paid in the financial year exceeds one rupee lakh, the person referred to in subsection (1) responsible for the payment of those amounts is required to deduct income tax under this Section. Where the contractors` invoices specified that work such as equipment maintenance, cleaning and inspection of parts, etc. was routine in nature and required less technical skill, the appraiser correctly deducted source tax u/s 194C. Sir, whose income I had to submit if the income comes from salary and work in the contract (according to articles 192 and 194c) for the 2019-20 fiscal year (AY 2020-21) b. For the supply of labour to perform all or part of the work performed by the Contractor under a contract with one of the authorities or a government department. Deduct income tax on invoices you receive from a supplier based on daily deliveries received from time to time.
I. No natural person or HUF will be required to deduct income tax on the amount credited to the Contractor`s account or paid into the Contractor`s account if that amount is credited or paid solely for the personal use of that person or a HUF member. f. Any authority established in India by or under a law and mandated either for the purpose of addressing and satisfying the need for housing or for the purpose of planning, developing or improving cities, towns and villages, or for both thereafter, the assessed company has paid the amount to the truck owners on the basis of the work performed after deduction of a nominal amount for expenses Administrative. The relationship between the appraiser and its members was NOT that of a contractor or subcontractor. The evaluator was trained for convenience. The company was nothing more than a conglomerate of truck operators themselves. Truck owners were virtual owners of the business, although the company is a separate legal entity. In accordance with § 194C, the AO is satisfied that the total income of the contractor or subcontractor justifies the deduction of income tax at a lower rate or without deduction of income tax, the AO issues to the AO, at the request of the contractor or subcontractor, any certificate that may be required. The contractor or subcontractor may then present the lower or zero rate TDS certificate to the deductor.
If the number of carriages of goods belonging to the contractor during the preceding year exceeds ten persons at any time, the contractor must immediately notify this in writing. . . .