TDS on Diary

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mamta agarwal

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Feb 21, 2013, 4:55:01 AM2/21/13
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Dear All,
 
One of my client, a registered company, is purchasing diaries with a specification that the name 
of the company should be printed on each page.
The bill raised by the supplier is inclusive of printing charges.
My query is whether TDS is to deducted on the bill.
 
Thanks & Regards
CA. Mamta Agarwal
New Alipore
Kolkata 

KIRTI TULSYAN

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Feb 23, 2013, 12:32:58 AM2/23/13
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REPLY 1

It is the matter of VAT, not Service Tax since the contract is predominantly 
for the supply as per specifications. 

JNGupta 

9331022920 
REPLY 2
Respected Mamta ji, 

If the bill consist of service tax charged by the supplier, then you should 
deduct TDS u/s 194 C. 


*Mukund Agarwal 
+919007873925
REPLY 3

In our opinion in, to the extent of VAT charged on the bill, TDS is not applicable.
If not or the balance amount it is subtect to TDS u/s-94C
 

Regards,
ADESH & CO.
Chartered Accountants
98302-36281
93303-24455

REPLY 4

Dear Ms. Mamta, 

No TDS is required to be deducted in case the material is not provide by 
the company as specified clearly u/s 194C. In case the material is 
provideed to the printer the tds can be deduted as per the rate specified 
u/s 194C. 

Regards, 
CA Rishab Jalan 
9830211470 

REPLY 5

Dear friend,
In my opinion the TDS needs to be deducted as the diaries are no longer 
replaceable and cannot be sold in open market and it has been made to order 
under specific oral or written contract , so section 194C comes in picture
CA R K Bahety

REPLY 6
To my mind TDS will be applicable in the intant case as the term"work" as defined in Section 194c includesAdvertising.Putting the company's name on the Diaries may be considered as "advertising'.hence the above view. 
regard 
kalidas 


--
Best Regards, 
Kirti Tulsyan
B.Com.,ACA,CS


P.D.Rungta & Co. 
Chartered Accountants 

Board : +91 33 3028 2500 / 1
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“Save Paper! Save Trees! Before printing, Think about the environment”

A Candle loses nothing by lighting another candle" --- eServe 

Bhavani Associates

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Feb 23, 2013, 1:16:56 AM2/23/13
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If the Material – Diary- is supplied to print the name on it, the amount charged on printing will attract TDS.

Procuring diary and print on it and supply doesn’t attract TDS

ND

 


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MOHANLAL SHARMA & CO.

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Feb 23, 2013, 1:36:37 AM2/23/13
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No tax is deductibleon supply of materials as per CBDT circular. If the printing charges exceeds the threshold limit u/s.194C, then tds has to be done only on the work component only.
CA.Sunil Sharma.

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Regards -
MOHANLAL SHARMA & CO.
Chartered Accountants
TOKOBARI, S.R.C.B. ROAD,
GUWAHATI-781001 (ASSAM)
Tel: 0361-2543930,2545794
Fax: 0361-2638844

BHARAT DOSHI

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Feb 23, 2013, 9:06:51 AM2/23/13
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ANSWER GIVEN IN 5 IN MY OPINION IS RIGHT TDS TO BE DEDUCTED WHEN ANY MATERIAL MADE AS PER SPECIFICATION OF CLIENT WHICH CAN NOT BE SOLD TO OTHERS-( NAME OF THE CLIENT IS PRINTED ON DIARY)


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Thanks & Regards

B. A.Doshi & Co.
(Chartered Accountant)
B-17, Ramdev Park
Chandavarkar Road,
After Shyam Mukharji gaden,
Behind Thane Janta Sahakari Bank
Borivali (West)
Mumbai-400092
Cont. no.022-28912211
Mob. no.09820389094

Pankaj Agrwal

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Feb 25, 2013, 1:40:27 AM2/25/13
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To put at rest such controversies, section 194C itself has been amended w.e.f. 1.10.2009.

 

Kindly see the definition given in 194C itself.  Not it is explicitly made clear :

 

(iv) “Work” shall include –

(a)

(b)

(e) manufacturing or supplying a product according to the requirement or specification of a customer by using material purchased from such customer, but does not include manufacturing or supplying a product according to the requirement or specification of a customer by using material purchased from a person, other than such customer.

 

Hence, the supply of diary will not hit by the provisions of section 194C.

 

 

 

CA. Pankaj Agrwal

225 Tej Kumar Plaza, Hazratganj,

Lucknow 226001

Phones: 0522-4009167

pan...@mgcoca.com; agrwal...@icai.org

agrwal...@gmail.com

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