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Issue ID: 1394
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Tds - Applicability of Nill rate

Date 31 Jul 2009
Replies 3 Replies
Views 1402 Views
Nil TDS certificate applicability: payments made on behalf of the certificate-holder to third parties remain exempt from TDS.
Where a payer discharges its liability to a nil-TDS-certificate holder by paying a third party at that holder's direction, the payment is treated as made on behalf of the certificate-holder and the Nil TDS Certificate exemption applies, so the payer need not deduct tax at source; the TDS obligation follows the nature of the payment as attributable to the certificate-holder, not the fact of disbursal to a third party. (AI Summary)

We have received NIL tax exemption certificate from Vendor X. Vendor X wants the money due to him to be paid to Mr.Y on his account. Will Nil rate of TDS will be attracted for making payment to Mr.Y also.

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Replied on Jul 31, 2009
1. yes, you neednot deduct any tax for payment to Mr.Y since you are only paying on behlaf of Mr.x
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Replied on Jul 31, 2009
2. you need not deduct any tax since you are paying only on behalf of Mr.X
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Replied on Jul 31, 2009
3. The amount paid to Y is only on behalf of X. Actual you are discharging your liability towards X by making payment to Y on his behalf. TDS is liable to be deducted on the expense of a particular nature. Therefore, no TDS is liable to be deducted.

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