Alfa Pvt. Ltd., an Indian Company, has made payments to Beeta Enterprises, a resident partnership firm on different dates during the year 2018-19 towards the job work done by them under different contracts: Contract No.
CS Professional · Direct Tax Law & Practice · PYQS · December 2019
Alfa Pvt. Ltd., an Indian Company, has made payments to Beeta Enterprises, a resident partnership firm on different dates during the year 2018-19 towards the job work done by them under different contracts: Contract No. Date of payment Amount (₹) 1 15-05-2018 28,000 2 26-06-2018 22,500 3 18-08-2018 24,000 4 20-12-2018 15,000 5 23-01-2019 18,000 Alfa Pvt. Ltd. claims that it is not liable for deduction of tax at source as per section 194C from such payments made to Beeta Enterprises. Examine the correctness of the stand taken by the company. What would be the position, if the value of the contract No. 5 is ₹ 10,000 only and there was no further contract during the year ?
Answer & Explanation:
Applicability of TDS provisions u/s 194C of the Income tax Act, 1961 As per section 194C(5) of the Income-tax Act, 1961, tax has to be deducted at source where the amount credited or paid or likely to be credited or paid to a contractor or sub-contractor exceeds ₹ 30,000 in a single payment or ₹ 1,00,000 in aggregate during the financial year. Therefore, in the given case, even-though the value of each individual contract does not exceed ₹ 30,000 but the aggregate amount exceeds ₹ 1,00,000. Hence, contention of Alfa Ltd. is not correct and tax is required to be deducted at source under section 194C @ 2% on the whole amount of ₹ 1,07,500/- from the payment of ₹ 18,000 towards Contract No. 5 on account of which the aggregate amount exceeded ₹ 1,00,000. However, no tax deduction is required to be made if the value of the last contract i.e. contract no. 5 is ₹ 10,000 as the aggregate amount in such case would be ₹ 99,500 which is below the aggregate threshold monetary limit of ₹ 1,00,000.
Topics: Tax Deducted at Source (TDS)
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