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TDS on works contract
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....DS on works contract<br> Query (Issue) Started By: - THYAGARAJAN KALYANASUNDARAM Dated:- 16-8-2016 Last Reply Date:- 17-8-2016 VAT + CST<br>Got 4 Replies<br>VAT / Sales Tax<br>Dear experts, one of my client has not been deducted TDS on works contract under section 13 of Tnvat act for the past many years. Suddenly the enforcement wing officer came for audit of my client and says that for non dedu....
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....ction of TDS under works contract executed by the contractor in my client factory, will lead to the client has to pay the TDS along with interest n penalty. However, the contractor who executed the contract at my client place have paid tax under section 5 only. My question is whatever revenue to be paid everything has been collected by the contractor from my client and remit the same to the revenu....
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....e authority. There is no revenue loss to the government. Some where I have gone through tribunal case laws to support this case. Can any one will share the tribunal case laws or any other cases to support this issue either high court of madras or Supreme Court. Kindly help me in this regards it's very urgently needed. Reply By Ganeshan Kalyani: The Reply: Sir, though there is no revenue loss....
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.... to the Government there is compliance lapse. When the provison states that the contractee has to deduct TDS and pay to the Govt the assesse is ought to comply the provison. Sir, your case would be won at Tribuanl level. The lower authority may not accept your contention. Thanks. Reply By KASTURI SETHI: The Reply: Sh.Ganeshan Kalyani Ji, Sir, The same is the situation in Service Tax. Sub-con....
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....tractor is required to pay ST though the main contractor will take credit and hence it is revenue neutral. I agree with you that relief is possible at Tribunal stage. I think in Income Tax there are so many judgements on this issue. Do you agree ? You know I am a layman in Income Tax. Reply By Ganeshan Kalyani: The Reply: Sir, in sales tax the conplaince lapse in case of TDS provision attracts p....
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....enalty. Thanks. Reply By Ganeshan Kalyani: The Reply: Sir, I agree with you. Thanks.<br> Discussion Forum - Knowledge Sharing ....