Clarification - Sub-contractors payment

[BHASKER MURALI]

Dear sir, please clarify payment to sub-contractors is nil against submission of PAN No.? we are construction contractors we are using transporters for material shifting one place to another place and also we are paying to TCI like transporters TDS is NIL to this contractors too. please advoice

[Ravi Chopra]

The provisions of sub section (6) of section 194C as amended are reproduced as follows, "(6) 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 business of plying, hiring or leasing goods carriages, on furnishing of his Permanent Account Number, to the person paying or crediting such sum."

[DEV KUMAR KOTHARI]

The reply of Shri Ravi Chopra covers about payment to transporters etc. In this case you will be required to furnish relevant information as may be prescribed. so keep a check on amendment of Rules in this regard. Bette obtain Xerox of PAN card with declaration from payees. IN your query you have said "sub-contractor". They are not exempt. Sub-contractor is now treated as contractor. Exemption is for transporter etc. who furnish PAN. This column of www.taxtmi.com is to initiate discussion and ascertain various possible views to further the object of learning and sharing knowledge and to clear doubts. The issue placed should include some basic information about the subject matter so that readers can at least have some idea about the issue, problem,related provisions and off course the views of the initiator of the issue. This will be helpful in getting better response from learned readers. In absence of the same, the readers cannot be serious about the issue and willing to spare time to merely provide information and solutions. This is my personal view.

AI Summary

TDS exemption for transporters applies when PAN is furnished, while subcontractors remain liable for tax deduction. Under Section 194C(6), payments to persons plying, hiring or leasing goods carriages are not subject to tax deduction if the payee furnishes a PAN; this exemption covers transporters but does not extend to subcontractors, who are treated as contractors and remain liable for deduction. Payors should obtain and retain PAN documentation and any required declarations, and monitor rule amendments prescribing additional information.