Questions & Answers On: TDS Default

Is there a TDS obligation u/s 194-H of Income Tax Act when making payment to dealers for sim cards?
Subject: Is there a TDS obligation u/s 194-H of Income Tax Act when making payment to dealers for sim cards?
Category:  Income Tax
Asked by: Abdul Malik
Answered by:
Tags: ,
Date: September 15, 2018
Excerpt of answer:

In the case of the telecom company, it is the owner of the prepaid voucher/SIM card and not the wholesale dealer. It is the telecom companies who are providing the services to the distributors on prepaid package. If at all, there is an agency relationship on which TDS is required to be deducted on the commission paid to the dealers is qua the cellular operator and the wholesale dealer

What is the TDS Obligation When Reimbursing Expenses To C & F Agent?
Subject: What is the TDS Obligation When Reimbursing Expenses To C & F Agent?
Category:  Income Tax
Asked by: Neeraj Sharma
Answered by:
Tags: , ,
Date: September 14, 2018
Excerpt of answer:

“The contract between the assessee and C & F Agent is a service contract which has not been specifically included in Explanation III below section 194C. In this view of the matter, the provisions of section 194C are not applicable to the payments to the C & F agents. If that is so, there was no obligation on the part of the assessee to deduct tax from the payments made to C & F agents

Is there a time limit for holding an assessee in default for default of Tax Collection at source?
Subject: Is there a time limit for holding an assessee in default for default of Tax Collection at source?
Category:  Income Tax
Asked by: CA Raghavendra
Answered by:
Tags: ,
Date: September 14, 2018
Excerpt of answer:

The consistent view has been taken by the various Hon’ble High Courts on this issue that when no limitation is provided in the statute then a period of four years is considered as reasonable for passing the order U/s 201(1)/201(1A) of the Act. The provisions of Section 206C of the Act are analogous and a measure for compliance of collection of tax at source as a similar measure for compliance of deduction of tax at source is provided U/s 201 of the Act