Sponsored
    Follow Us:
Sponsored

Most of the time I observed that in the industry there are always be a confusion regarding application of Section 194C i.e. TDS on contract at the time of payment to the transporter. This is might be because of various amendments has been taken place since last so many year related to this specific point i.e 194C(6) and 194C(7). Hence today I will try to summarise the details of only these two smalls but very important sub-sections of Section 194C.

Important Points – TDS under Section 194C on Payments to Transporters

1. This amended sub-section is applicable w.e.f. 01st April, 2015

2. The transporter for these sub-sections means person handling business of plying, hiring or leasing goods carriages.

3. The benefit of non-deduction of tax will be available only for small transport operators owning not more than 10 goods carriages.

TDS - transportation charges

Hence if the transporter owning not more than 10 goods carriages at any time during the year, provide his PAN alongwith the declaration then as a payer, you don’t have to deduct his TDS u/s 194C.

But if the transporter owning more than 10 goods carriages at any time during the year, then you, as payers are liable to deduct TDS at the time of paying charges to goods transporter at the rate of 1% or 2% as the case may be; based on the transport contractor’s status.

Note: The above mentioned rate i.e. 1% and 2% will be reduced to 0.75% and 1.50% respectively during the period starting from 14th May, 2020 to 31st March, 2021.

4. The person responsible for paying or crediting any sum to the such transporter shall furnish declaration along with PAN to the income-tax authority.

The link for the format of declaration is as under:

Download Format of Declaration to be obtained on the letter head of the Transport Contractor in case of non-deduction of tax at source u/s 194C (6) of the Income Tax Act, 1961

*****

Disclaimer: The contents of this article are for information purposes only and does not constitute advice or a legal opinion and are personal views of the author. It is based upon relevant law and/or facts available at that point of time and prepared with due accuracy & reliability. Readers are requested to check and refer to relevant provisions of statute, latest judicial pronouncements, circulars, clarifications etc before acting on the basis of the above write up.  The possibility of other views on the subject matter cannot be ruled out. By the use of the said information, you agree that Author / TaxGuru is not responsible or liable in any manner for the authenticity, accuracy, completeness, errors or any kind of omissions in this piece of information for any action taken thereof. This is not any kind of advertisement or solicitation of work by a professional.

(Republished with Amendments by Team Taxguru)

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

137 Comments

  1. vinod says:

    but sir mera ca kehta h ki apko tds katna padega q ki ap payment gadi wale ko na karte huve kisi sub contratore ko kar rahe, or income tax act k hisab se gadi wale ka pan no. lekar payment direct gadi wale ko karte h to tds nahi katna

  2. VINOD says:

    sir, i have a problem pls give me ansure,
    mera ek trasport h, or mene contract le rakha h ek com.se uska mall sahi jagah pauchane k liye me market se kisi sub contractore se truck bulata jo ki market ka koi b truck mere pas bhej deta, or me sub contractore to freight ka payment kar deta hu uska pan no.lekar. or me koi tds nahi katta hu, kya me sahi kar raha hu ya muje tds katna chahiye sub contractore ka.

  3. Satyanarayan says:

    R/Sir,

    If truck owner having only 2 trucks and plying with any contractor, then he is lible for TDS deduction by his freight charges or not in fin yr.2009-10 up to 30/09/2010. owner having self PAN No. and he is tax payer,
    Kindly sugest

    Thanks

  4. Deepak Pandey says:

    If PAN details is not given at the time of making payment but the after 2/3 month (as well as after return filing day) the same transporter giving the PAN details, at this moment what is to do????????????? solve

  5. Deepak Pandey says:

    This rules i.e if PAN details not found then TDS will be deducted at higher rate, this rules are applicable only for transportation or all the contract falling on section 94C

  6. Pawan Kumar Kedia says:

    Whether we should obtain PAN number of Truck operator or of the Transport Company who has issued consignment note regarding transportioan of goods.

    Please guide.

  7. swapna says:

    If a transporter bill’s for Rs.44,000/- but he is furnishing us PAN No. then we will have to deduct tds. Also tell me what is the exemption limit for transportation services?

  8. Deepak Pandey says:

    If transporter giving wrong PAN for lowering the deduction amount, for this who will be responsible????? me or the transporter??????????

  9. Deepak Pandey says:

    If the transporter has applied for PAN on the date of making payment then at what will be the rate of TDS?????????? Kindly Suggest

  10. satish sharma says:

    If transporter not providing his PAN and we have deducted the TDS the please confirm how we can file TDS ret. without mentioning PAN No.

  11. Basanta Kumar says:

    “This provision is applicable on payments made from October 01, 2009 to March 31, 2010. Such case should be determined by checking whether the Deductee has provided his PAN to the Deductor, during the payment.

    When PAN not furnished the TDS will be done @1% or 2% as the case may be.After march 2010 this rate changed to 20%.”

  12. Bijaya Kumar Dash says:

    kindly provide me the return form in which we will submit the information to I.T department
    for tds exemption to transportor.
    when it will be submitted.

    please leave a reply of above

  13. Pramod says:

    Normally transporter owners are sole proprietorship , if a transporter gives wrong PAN No inorder to avoid Higher tds dedcution, who is responsible for this.

  14. Dheerendra says:

    Sir, what is the defination of transporter. i have a tranpoter who some times despatch the material throuth taxi or sometimes through hand delivery vise versa………….

    clear me on this.

  15. manoj says:

    If karta is not presenting HUF he is working as individual(he is an active partner)than all above income should be considered in the income of Individual.

  16. P. Ghanshyam & Co. says:

    HUF is partner in Partnership firm and Karta of HUF is active partner in Firm. Karta receive Salary, Interest on capital & Commission from Firm. Under which status the above income will be taxable ? HUF or Individual ?

  17. Pankaj Lohiya says:

    Sir,
    I am confused in a matter that if transporter not given their PAN no. then the deductor must deduct the tax. But I want to know that Is it possible to file tds return of transporter having no PAN number???
    plz give your comment on it.
    Regards,

  18. vikas says:

    looks like 20k & more if one time and 50k & more if total annually. Though it is still confusing because clear threshhold limit is not mentioned in case of transportaion in sec 194C.

  19. Rohit Gupta says:

    Dear Sir,
    I want to know that in case of Section -194C (Transport Contractor) if any assessee has not provide PAN than we have to deduct TDS but exemption limit of Rs. 20000/- per contract or agregate Rs. 50000/- per annum is available in this case or not please clearify.

  20. Anand says:

    If transporter furnished PAN then
    TDS will be deducted at rate ??

    If transporter not furnished PAN then TDS will be deducted at rate ??

  21. vikas says:

    same query as of Mr Hiren’s on if TDS to be deducted if the PAN not available but payment within threshhold limit. Does threshhold limit under 194c still exist fot transporter ?

  22. Hiren says:

    We paid Rs. 10000/- as Transportation Charges and the party has no PAN No. Is TDS required to deduct. and the Exemption limit of Rs. 75000/- is considered or not ?

  23. bavitha says:

    Sir,
    we are sending our consignment through a transporter.should we deduct tds from his payment.he has provided his pan details.

    and i would also like to know about the service tax.should we pay service tax.our one months transport bill is more than 10000.but we ha not registered still for service tax.

    please do reply me.

  24. bankim says:

    01/04/2010 what rate of t.d.s. like transporter, pur. freight, commission, interest paid, m/c. and plant rent etc.
    and what format of t.d.s. certificate

  25. Rohit bhandare says:

    My father having flat in pune which given on rent and this rent debited to my bank account.Due to this i cross over income tax exemption limit.So I want to know would this rent added in my income?

  26. Sujit Shetty says:

    Would this nil rate of tax be applicable if the payment is done to a transport contractor who does not own the transport vehicle but has acquired the mode of transport from another person. Does such a person qualify to be treated as a transporter eligible for nil rate of tax during the course of plying, leasing or hiring oods carriages.

  27. rohit bhandare says:

    sir,
    our company senior officer frequently hired car for visit of site and person whom car they hired is on regular basis,so please advice should i deduct tds on that transportation?

  28. Parmod says:

    If a transporter bill’s for Rs. 22500/- but he is furnishing PAN then we will have to deduct TDS & if he is not furnishing PAN then what should we do.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Sponsored
Search Post by Date
August 2024
M T W T F S S
 1234
567891011
12131415161718
19202122232425
262728293031