NO TDS ON TRANSPORTATION

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ANIL AGRAWAL

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Feb 18, 2014, 11:33:23 PM2/18/14
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Dear Sir
Wish to know what the assessee to do in case PAN of tranporter obtained and no TDS deducted. Also noting has been done except collection of PAN Xerox.
Whether any return has to be filed.
Whether any details of PAN through a letter has to be submitted to Income tax Office
I would be obliged to receive the valued opinion
CA Anil Agrawal, Patna
9431881950

CA Pawan Kumar Agarwal

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Feb 19, 2014, 12:54:01 AM2/19/14
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Dear Anil ji,

In the said matter, your attention is invited to Section 194C(6) & (7) of the Income Tax Act, 1961 whereby under the prescribed conditions deduction not to be made but particulars thereof has to be filed. Such particulars are to be filed in quarterly TDS Return 26Q for the relevant quarter. You need to incude the particulars of payments made to transporters without deduction of tax and flagging the said transaction "T" in your quarterly TDS Return. Please remember one need to file the TDS Return for the relevant quarters reporting the payments made to Transporters without deduction of tax even if he has no other particulars to be reported in the TDS Return for that quarter. Such payments can be tagged against NIL Challan also.

Filing of 26Q is the procedure; furnishing of the PAN details and the payment details to the ITO through a letter will not be the required compliance.

Thamking you

Yours faithfully

Pawan




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Kirti Tulsyan

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Feb 20, 2014, 12:44:19 AM2/20/14
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Dear Sir
Wish to know what the assessee to do in case PAN of tranporter obtained and no TDS deducted. Also noting has been done except collection of PAN Xerox.
Whether any return has to be filed.
Whether any details of PAN through a letter has to be submitted to Income tax Office
I would be obliged to receive the valued opinion
CA Anil Agrawal, Patna
9431881950

REPLY 1
DEAR ANIL
 
YOU ARE REQUIRED TO FILE TDS RETURN OF THE DEDUCTEE WITHOUT DEDUCTING AND PAYING ANY TDS AMOUNT
IN THE TDS RETURN SIMPLY MENTION T (TRANSPORTER) IN THE CATEGORY OF DEDUCTEE AND FILE A NIL RETURN WITH ALL THE VALID PAN NUMBERS FAILING WHICH THE AMOUNT OF TRANSPORTATION CHARGES PAID MAY BE DISALLOWED.
 
REGARDS
CA BIMAL AGARWALLA

REPLY 2
Respected Sir,

TDS on payment made to transporter is 0% i.e. no TDS required on payment made to transporter if he furnish his PAN however you have to mention such payment in TDS return with NIL TDS 

Best Regards
Abhay Kumar Jaiswal

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


P.D.Rungta & Co. 
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RISHAB JALAN

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Feb 21, 2014, 8:17:39 PM2/21/14
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Dear Mr. Anil,

Having PAN is valid but you need to verify the validity of the same.

The simplest of checking validity is:-
https://incometaxindiaefiling.gov.in/e-Filing/Services/KnowYourJurisdictionLink.html

Keep the print out of the same.

No requirement of informing income tax department.

Filing the return is to be done if possible. As the law says nil return is mandatory in cases:
1. Payment made to transporter.
2. Tax not deducted in case deductee presented form 15G and 15H.
3. Deductee submit copy of certificate from A.O. in form 197A

Try if return can be filed.

Regards,
CA Rishab Jalan
+919830211470

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