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Tds applicability and liability, Income Tax

Issue Id: - 821
Dated: 5-7-2008
By:- sunil mehta

Tds applicability and liability


  • Contents

A sub-travel agent purchases air/rail tickets from main travel agent and issues to his clients by charging 'service chgs.'@rs.100/-per ticket over and above the ticket purchase price.If the 'service chgs.' exceeds rs.50000/- in case of his particular client in a fin.year whether the tax has to be deducted at source by his client if the payer falls under 'specified categories' u/s 194C.?Note:The invoice is not inclusive of 'service chgs.'Ticket service chgs are shown separately in bill. 2)If not liable to tds u/s 194C.then under which clause the payer is liable to deduct TDS?

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1 Dated: 20-7-2008
By:- Surender Gupta

In the instant case, as apparent from the facts, TDS u/s 194C is not warranted. The nature of activity mentioned in the query is of Commission. Therefore, you may consider the provisions of 194H as more relevant for the purpose of deduction of tax at source. In this case, it is the commission portion only on which TDS is to be deducted.


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