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TDS on statutory market fees and pass-through procurement payments did not trigger contract withholding disallowance.

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Full Text of the Document

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....Market fee and cess payable under a State enactment are statutory levies, not consideration for contractual work, and therefore do not attract tax deduction at source under the provision governing contractual payments. Government-prescribed procurement payments to societies, supported by sanctioned rates, reimbursement arrangements, control accounts and separately identifiable remuneration, constitute pass-through disbursements rather than contractor or subcontractor expenditure. The related disallowances for non-deduction of tax were deleted. Remission or cessation of a trading liability requires proof of a benefit obtained through an actual waiver, write-back, remission or extinguishment during the relevant year. Outstanding balances, wit.........