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Open uri20170510 32134 ng4pv?1494421709 asked

A new notification has come into force from 01.06.2015 which provides that tax will be deducted on payment made to transporter owning more than 10 goods carriage. My question is whether tax will be deducted in case of payment made to transporter who runs more than 10 goods carriage but does not own it , I mean has been taken on Hire. **Kindly provide your valuable suggestion.**

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Lokesh commented over 5 years ago

Dear Soniya, Nice to here this valuable query. Here it is noted that the wordings of Finance Act,2015 regarding TDs on Transporter are as follows :- - No deduction shall be made from any sum credited or paid or likely to be credited or paid during the previous year to the account of a contractor during the course of plying, hiring and leasing goods carriages, where such contractor owns ten or less goods carriage at any time during the previous year and furnishes a declaration to that effect along with his Permanent Account Number, to the person paying or crediting such sum.” Here the word is used OWNS, which means registered in their names. It has not been clarified by department, But in my opinion Instead of running status owning status is to be checked. Further it is noted that TDs is just like an advance payment of Taax and the transporter will be ready easily to allow TDs on their receipts. So to avoid department interference the goods carriage running status is to be checked. It is noted that if there will be a court case the OWN word will be read as registered in transporter's name. Feel free to ask questions about INDIRECT TAX here even on mail On FB - Regards ! Lokesh Garg !

4 Answers
Open uri20170510 32134 1et5ppw?1494421765 answered

Dear Soniya, If a person is hirer (NOT HIRE-PURCHASER) of goods carriage,then NO TDS will be deducted on payments made to him. The essential requirement is that he must be engaged in business of plying, hiring or leasing goods carriage i.e. Transport business & he must not OWN >10 Goods carriage at any point of time during P.Y. . He has to furnish a declaration to this effect to payer & PAN. Plz ,also note that payment in the nature of TRANSPORT CHARGES are covered here ------------------------------------------------------------------------

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

http://Enter%20Image%20url%20%28for%20web%20image%29 Hi soniya Simple way to understand Tds for transportar

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Avatar 37a3bd7bc7328f0ead2c0f6f635dddf60615e676e6b4ddf964144012e529de45 answered

Soniya, actually the section has been amended with regard to providing relief to small transporters who own less than 10 goods carriages and carry out business of plying, hiring and leasing of good carriages, if they furnish PAN. There is no amendment in the meaning of ownership which means owning it by way of purchase, hire or taken on installments even when installments are outstanding. The intention to amend was to tax transporters owning more than 10 good carriages even if they furnish their PAN.

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Picsjoin 2017224123730582 answered

Hie Soniya, TDS will get deducted if transporter runs more than 10 goods carriage which are on hire purchase. As per section 44AE, "an assessee who is in possession of a goods carriage, whether taken on hire purchase or on installments or for which the whole or part of the amount payable is still due, shall be deemed to be the owner of such goods carriage" Therefore, if goods carriage are more than 10, then TDS will get deduct.

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