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OTHER IMPORTANT CLARIFICATIONS
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"Work" wherever referred to
in this section shall include:
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Advertising;
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Broadcasting and telecasting including production of programs for
such broadcasting or telecasting;
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Carriage of goods and passengers by any mode of transport other than
by railways; and
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Catering;
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Transport Contracts;
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Service Contracts;
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Labour Contracts;
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Materials & Works Contracts
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Payments to Contractors and Sub Contractors:
Following is a summarized yet comprehensive listing of Contracts/
Sub- Contracts covered under this section:
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Contracts for construction, repair, renovation, or alteration of
buildings or laying of roads and airfields or railway lines;
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Erection or installation of Plant & machinery;
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Contracts granted for processing of goods supplied by the payer,
where the ownership of such goods remains at all times with such
payer;
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Contracts for fabrication of any article or thing where materials
are supplied by the payer and the fabrication work is done by a
contractor;
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A building contract or a contract under which a movable is fixed to
another chattel or on the land where the intention plainly is not to
sell the article but to improve the land or the chattel and the
consideration is not for the transfer of the chattel, but for the
labour and work done and the material furnished, the contract will be
one of work and labour.
Following is a summarized yet comprehensive listing of Contracts/
Sub- Contracts not covered under this section:
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Contracts for Sale of goods;
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Where contract undertakes to supply any article or thing fabricated
according to the specifications given by the payer and property in
such article or thing passes to such payer only after such article or
thing is delivered;
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Where the principal objective of work undertaken by the payer of the
price is not to transfer of a chattel qua chattel;
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Contracts for rendering professional services by persons such as
lawyers, physicians, surgeons, engineers, accountants, architects,
consultants, etc. shall not be covered by Section
194C, but will be
consequently covered under Section 194J.
PLEASE NOTE:
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The provisions of Section 194C shall be applicable only to
Contractors and Sub- contractors who are resident in India and
consequently be taxable under Section 195
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An assessee has an option to that he make an application to the
Assessing Officer in Form no. 13 and obtain such certificate from him,
as may be appropriate, authorizing the payer not to deduct tax or to
deduct tax at a lower rate.
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The supply of printed labels by the printer to the assessee amounts
to sale and not a works contract and that the provisions of Section
194C are not attracted. [BDA Ltd. vs. ITO]
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