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TDS deduction by Restaurant on Zomato & Swiggy Commission & Other Charges ?, Income Tax

Issue Id: - 119046
Dated: 27-3-2024
By:- Lav Prajapati

TDS deduction by Restaurant on Zomato & Swiggy Commission & Other Charges ?


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Whether TDS is to be deducted by Restaurant (a partnership firm liable to audit u/s 44AB) on Zomato & Swiggy Commission & Other Charges, considering the fact that TDS is being deducted by Zomato & Swiggy u/s 194O.

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1 Dated: 2-1-2025
By:- TANAY GHILDIYAL

Dear Mr. Lav

Since we are receiving the revenue after deduction of commission and other charges have been done by Zomato/Swiggy we are not impowered to deduct TDS in this case as the online platform is acting as our agent and is collecting money on our behalf and after deduction it's paying it off. 

Moreover TDS u/s 194O is being deducted and deposited by the e-commerce operator. Under Law there is no requiremnet or liability under TDS for your firm.

Tanay Ghildiyal

9873938771


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