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Tds applicability on payment of share revenue

IDPLUIL GROUP

whether it is liable to deduct TDS on payment of share of revenue to National Highway Authority of India as per the agreement entered. The National Highways Authority of India was constituted by an act of Parliament, the National Highways Authority of India Act,1988. It is responsible for the development, maintenance and management of National Highways entrusted to it and for matters connected or incidental thereto. The Authority was operationalised in Feb, 1995

Tax Deduction at Source applicability on revenue sharing depends on payment nature; JV revenue share not subject to deduction. Whether TDS applies to a payment labeled a share of revenue to the National Highways Authority of India depends on the legal nature of the payment and the agreement terms; if the payment is a joint venture revenue share distributed to participants, no TDS is required under the stated view. (AI Summary)
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Rama Krishana on Dec 8, 2009
What is the nature of payment of share of revenue to NHAI. Under what agreement it is being paid. If it is part of sharing of revenue of a joint venture, no TDS is liable.
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