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Section 194c – TDS on Contracts

Section 194c – TDS on Contracts

What is the rate at which Tax is required to be deducted?

The answer is as follows:

  • When the payment is being made to an individual or a Hindu Undivided Family, the TDS rate is 1%.
  • Where as in the case of any other entity except for individual & HUF, the TDS rate is 2%.
  • The above rates are applicable only when the entity receiving entity has quoted his PAN No.
  • Also, in the case of transporters, No TDS has to be deducted if the transporter quotes his PAN No.
  • Education Cess or Surcharge is not levied on these rates. Thus, deduction is done at the basic rate.

So what will be the rate if the PAN No. is not quoted?

If the PAN No. has not been quoted by the receiving entity, the person making the payment needs to deduct TDS @20%.

The higher rate of TDS is made applicable if the PAN is not quoted by the deductee with effect from 01/04/2010.

So, are there any slabs or tax is deducted on the entire amount?

If there exists a single payment which does not exceed Rs. 30,000/- or the entire payments for the year do not exceed Rs. 75000/-, then no tax is required to be deducted.

However, if the amount exceeds the above mentioned amount, then the tax is required to be deducted on the entire amount & no basic limits are to be provided.

Is section 194C applicable to NR contractors also?

The section is applicable to only resident contractors.

In the case of Non Resident Contractors, section 195 is applicable.

Who is required to deduct TDS?

The Income Tax Act says, only ‘Specified Persons’ are required to deduct TDS. So, let us have a look on the definition of Specified Persons:

Specified Persons include:

  1. the Central or State Government;
  2. any local authority;
  3. any corporation established by or under a Central, State or Provisional Act;
  4. any company;
  5. any co-operative society;
  6. any authority constituted in India by or under any law, engaged either for the purpose of dealing with the satisfying the needs for housing accommodation or for the purpose of planning, development or improvement of cities, towns and villages or for both;
  7. any society registered under the Societies Registration Act, 1860 or under any such corresponding law;
  8. any trust;
  9. any university or deemed university;
  10. any government of a foreign state or foreign enterprise or any association or body established outside India;
  11. any firm;
  12. any person, being an individual or a Hindu undivided family or an association of persons or a body of individuals, whether incorporated or not other than those falling under any of the preceding clauses, whose total sales, gross receipts or turnover from the business or profession carried on by him exceed the monetary limits specified under clause (a) or clause (b) of section 44AB during the financial year immediately preceding the financial year in which such sum is credited or paid to the account of the contractor.

Section 194c – TDS on Contracts

Gujarat VAT department has issued circular

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